Moffett et al v. Computer Sciences Corporation, et al

Filing 659

SUPPLEMENTAL REPORT AND RECOMMENDATIONS of Special Master re 551 Supplemental MOTION for Summary Judgment for the claim of Arley Horne filed by FEMA Objections to R&R due by 6/27/2011 Responses due by 6/27/2011. Signed by Special Master Dennis M. Sweeney on June 9, 2011. (Sweeney, Special Master)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Southern Division

THOMAS L. MOFFETT, II, ET AL.
Plaintiffs,
v.
COMPUTER SCIENCES CORPORATION,
ET AL.
Defendants.

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Civil Action No.
8:05-CV-01547

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SUPPLEMENTAL REPORT AND RECOMMENDATION CONCERNING
WAIVER CLAIM OF ARLEY HORNE

In the Report and Recommendation Concerning Waiver Claim of Arley Horne (Document No.
658), the Special Master indicated that there was an unresolved dispute of fact about whether a
check for $6,619.33 had been received, endorsed and deposited by Plaintiff into his bank
account. As a result, the Special Master recommended to the court that as to that discrete issue
that either the matter be remanded to FEMA for a review and determination or that the Special
Master be authorized by the court to hold an evidentiary proceeding to resolve the dispute of
fact. As to all other issues the Special Master recommended that the Defendants’ Motion for
Partial Summary Judgment affirming FEMA’s determination of Plaintiff’s waiver application be
granted and that Plaintiff’s Motion for Summary Judgment be denied.
Promptly after the filing of the report and recommendation with the court, the Plaintiff again
reviewed his records and Plaintiff’s counsel has informed the Special Master in a letter dated

June 8, 2011 that the check in question was in fact received, endorsed and deposited into
Plaintiff’s bank account. Counsel now indicates that as to the issue of the $6,619.33 check
inclusive of the $5,181.47 and the $1,437.86 amounts, there is no longer any contention that the
check was not received and deposited by the Plaintiff and no claim remains as to that issue. As a
result, the Special Master’s earlier recommendation to the court as to that issue is no longer
applicable and the Special Master’s report and recommendation as to the other issues is as set out
below.

Recommendation of the Special Master
After a review and a consideration of the matter and the arguments presented by the
parties, it is the recommendation of the Special Master that the Defendants’ Motion for Partial
Summary Judgment affirming FEMA’s determination of Plaintiff’s waiver application be
granted; and it is further recommended that Plaintiff’s Motion for Summary Judgment be denied.

June 9 , 2011
Date

/S/
Dennis M. Sweeney
Special Master