Ellwood v. United States of America et al

Filing 88

Findings & Recommendation: Findings & Recommendation: Defendant United States' motion 51 for joinder in third-party defendant's motion for summary judgment and defendant United States' motion and amended motion 52 and 63 for join der in fourth-party defendant's motion for summary judgment should be allowed, summary judgment in favor of the United States should be granted and the United States should be dismissed. Third party defendant/fourth-party plaintiff Hayward Bake r Inc.'s motion 46 for summary judgment and fourth-party defendant Eliting Inc.'s motion 40 for summary judgment should be allowed to the extent the third and fourth-party complaints should be dismissed without prejudice and third-party defendant/fourth-party plaintiff Hayward Baker, Inc. should be dismissed and fourth-party defendant Eliting Inc. should be dismissed. Plaintiff Ellwood's motion 72 for leave to file an amended complaint should be allowed. Objections to the Findings and Recommendation are due by 8/31/2009. Signed on 8/13/09 by Magistrate Judge Thomas M. Coffin. (ljb)