Dooling v. James B. Nutter & Company et al

Filing 49

Judge Nathaniel M. Gorton: ORDER entered. ORDER ON 40 REPORT AND RECOMMENDATIONS. Upon consideration of plaintiff's objection thereto (Docket No. 42 ) and acknowledging that this Court's ruling does not foreclose plaintiff from seeking sanctions against defendants in a properly filed motion, Report and Recommendation accepted and adopted. (Attachments: # 1 Report and Recommendation)(Danieli, Chris)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

JAMES A. DOOLING, III,
Plaintiff,
v.

CIVIL ACTION NO. 13-11844-NMG

JAMES B. NUTTER & COMPANY
and FEDERAL NATIONAL
MORTGAGE ASSOCIATION,
Defendants.

REPORT AND RECOMMENDATION ON
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (#25).
KELLEY, U.S.M.J.
Defendants James B. Nutter & Company and Federal National Mortgage
Association filed a motion for summary judgment (#25) on September 24, 2014.
That motion was fully briefed. (##26, 27, 28, 29, 30.) On June 3, 2015, Defendants
filed a second motion for summary judgment (#37) which supercedes the initial
motion (#25). Because Defendants’ first-filed motion for summary judgment (#25)
is now moot, I RECOMMEND that it be DENIED on that basis.
Review by District Judge
The parties are hereby advised that any party who objects to this
recommendation must file specific written objections with the Clerk of this Court
within 14 days of the party’s receipt of this Report and Recommendation. The

objections must specifically identify the portion of the recommendation to which
objections are made and state the basis for such objections. The parties are further
advised that the United States Court of Appeals for this Circuit has repeatedly
indicated that failure to comply with Rule 72(b), Fed. R. Civ. P., shall preclude further
appellate review. See Keating v. Secretary of Health & Human Servs., 848 F.2d 271
(1st Cir. 1988); United States v. Emiliano Valencia-Copete, 792 F.2d 4 (1st Cir.
1986); Scott v. Schweiker, 702 F.2d 13, 14 (1st Cir. 1983); United States v. Vega, 678
F.2d 376, 378-379 (1st Cir. 1982); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d
603 (1st Cir. 1980); see also Thomas v. Arn, 474 U.S. 140 (1985).
/s/ M. Page Kelley
M. Page Kelley
United States Magistrate Judge

June 8, 2015

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