Orioles v. Viviano et al

Filing 20

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: Based upon the merits of Judge Neimans Report and Recommendation, and upon the absence of any objection from any party, the court, upon de novo review, hereby ADOPTS the Report and Re commendation (Dkt. No. 19 ). Based upon this, Defendants Motion to Dismiss (Dkt. No. 14 ) is DENIED as to Count One, allowed as to Defendant Viviano but DENIED as to Defendant Scanlon as to Count Two, and ALLOWED as to both Defendants as to Count T hree. The case will proceed against all three defendants on Count One, and against the individual Defendant Scanlon alone on Count Two. This case is hereby referred to Magistrate Judge Kenneth P. Neiman to establish a schedule for completion of all further pretrial proceedings. See the attached memo and order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
JAMES ORIOLES,
Plaintiff
v.
MASSMUTUAL FINANCIAL GROUP
ET AL.,
Defendants

)
)
)
)
)
)
)
)

C.A. NO. 11-30004-MAP

MEMORANDUM AND ORDER RE:
REPORT AND RECOMMENDATION WITH REGARD TO
DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS
(Dkt. Nos. 14 & 19)
October 6, 2011
PONSOR, D.J.
Plaintiff has brought this action arising from an
employment dispute against corporate Defendant MassMutual
Financial Group and against two individual Defendants,
Viviano and Scanlon.

All three Defendants filed a Motion

for Judgment on the Pleadings pursuant to Fed. R. Civ. P.
12(c), which was referred to Magistrate Judge Kenneth P.
Neiman for a report and recommendation.
On September 6, 2011, Judge Neiman issued his Report
and Recommendation, to the effect that Defendants’ motion
should be denied as to all Defendants on Count One.

As to

Count Two, which named only Viviano and Scanlon, Judge
Neiman recommended that it be denied as to Scanlon but
allowed as to Viviano.

With regard to Count Three, which

again named only the two individual defendants, Judge Neiman
recommended that it be allowed as to both defendants.
The conclusion of the Report and Recommendation
admonished the parties at n.1 that any objections to the
Report and Recommendation would have to be filed within
fourteen days.

No objections have been filed.

Based upon the merits of Judge Neiman’s Report and
Recommendation, and upon the absence of any objection from
any party, the court, upon de novo review, hereby ADOPTS the
Report and Recommendation (Dkt. No. 19).

Based upon this,

Defendants’ Motion to Dismiss (Dkt. No. 14) is DENIED as to
Count One, allowed as to Defendant Viviano but DENIED as to
Defendant Scanlon as to Count Two, and ALLOWED as to both
Defendants as to Count Three.

The case will proceed against

all three defendants on Count One, and against the
individual Defendant Scanlon alone on Count Two.
This case is hereby referred to Magistrate Judge
Kenneth P. Neiman to establish a schedule for completion of
all further pretrial proceedings.
It is So Ordered.
/s/ Michael A. Ponsor
MICHAEL A. PONSOR
U. S. District Judge

2