Western Thrift and Loan Corp. v. Rucci

Filing 77

ORDER ADOPTING REPORT AND RECOMMENDATIONS 72 - Plaintiff's Motion for Summary Judgment 47 is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on September 20, 2013. (CBC)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Western Thrift and Loan Corp., Plaintiff, v. Civil No. 11-03644 (JNE/TNL) ORDER Sebastian Rucci, Defendant. In a Report and Recommendation dated September 3, 2013, the Honorable Tony N. Leung, United States Magistrate Judge, recommended that Plaintiff’s motion for summary judgment be denied [ECF No. 72]. Plaintiff objected on September 17, 2013 [ECF No. 74]. The Court has conducted a de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court agrees that there is a genuine issue of material fact and adopts the Magistrate Judge’s Report and Recommendation. Therefore, IT IS ORDERED THAT: 1. Plaintiff’s Motion for Summary Judgment [ECF No. 47] is DENIED. Dated: September 20, 2013 s/Joan N. Ericksen The Honorable Joan N. Ericksen United States District Judge

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