Gagne v Fix

Filing 29

ORDER Adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 26 as filed on February 11, 2014. Plaintiff's Motion for Summary Judgment 20 is denied without prejudice, defendants' Motion for partial judgment 13 on the pleadings is granted, and plaintiff's motion to compel discovery 21 is granted in part and denied in part. The case is referred back to Magistrate Judge Scott for further proceedings. Signed by Hon. Richard J. Arcara on 3/11/2014. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

STEPHAN GAGNE,
Plaintiff,
ORDER
11-CV-361

v.
C.O. FIX, et al.,
Defendants.

The above-referenced case was referred to Magistrate Judge Hugh B.
Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On February 11, 2014, Magistrate Judge
Scott filed a Report and Recommendation, recommending that the defendants’ motion
for partial judgment on the pleadings (Docket No. 13) be granted, that the plaintiff’s
motion for summary judgment (Docket No. 20) be denied without prejudice with leave
for plaintiff to re-file the motion after the completion of discovery, and that plaintiff’s
motion to compel discovery (Docket No. 21) be granted in part and denied in part.
The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the parties, and no
objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), Magistrate Judge
Scott’s Report and Recommendation is adopted, and defendants’ motion for partial
judgment on the pleadings is denied, plaintiff’s motion for summary judgment is denied
without prejudice, and plaintiff’s motion to compel is granted in part and denied in part.
The case is referred back to Magistrate Judge Scott for further proceedings.

IT IS SO ORDERED.

Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
Dated: March 11, 2014