Fritz v. Target Corporation et al

Filing 36

ORDER 1. Plaintiff Fritz's Objections are OVERRULED for the reasons set forth in the accompanying memorandum opinion. Additionally, Plaintiff's request that this Court "not consider the recommendation in the report with respect to Defe ndant's Motion for Summary Judgment being granted unless and/or until Magistrate Judge Carlson has had an opportunity to reconsider this recommendation based, at least in part, on this objection" (Doc. 34, at ~ 17) is DENIED. The Magistrate Judge thoroughly reviewed the relevant law in this case and applied it to the specific facts set forth by the Defendants and Plaintiff. The Plaintiff has set forth no reason or pointed to any significant error which would persuade this Court that th e Magistrate Judge should be tasked with reviewing his own R&R and issuing a second recommendation. Plaintiffs request would merely prolong the resolution of Defendants' motion and 'frustrate the purpose of providing a party the opportunity to file Objections with the District Court and be able to obtain "a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made" (M.D.Pa. L.R. 72.3) from this Court. 2. The Report and Recommendation (Doc. 33) is ADOPTED for the reasons set forth therein as well as those set forth in the accompanying memorandum opinion. 3. The "Motion for Summary Judgment of Defendants, Lower Nazareth Target, d/b/a Target and/o r Target Corporation, d/b/a Target and/or Jordan Barski" (Doc. 26) is GRANTED. 4. Judgment is hereby entered IN FAVOR OF Defendants Lower Nazareth Target, d/b/a Target and/or Target Corporation, d/b/a Target and/or Jordan Barski and AGAINST Plaintiff Holly Fritz.5. The Clerk of Court is directed to CLOSE the above-captioned action.Signed by Honorable Robert D. Mariani on 3/24/17. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

HOLLY FRITZ

Plaintiff,

v.

3:14·CV·1726
(JUDGE MARIANI)

LOWER NAZARETH TARGET,
d/b/a TARGET and/or TARGET
CORPORATION, d/b/a TARGET
and/or JORDAN BARSKI
Defendants.
ORDER
AND NOW, THIS

--ItbAY OF MARCH, 2017, upon de novo review of

)..(j;

Magistrate Judge Carlson's Report and Recommendation (Doc. 33), Plaintiff Holly Fritz's
Objections thereto (Doc. 34), the "Motion for Summary Judgment of Defendants, Lower
Nazareth Target, d/b/a Target and/or Target Corporation, d/b/a Target and/or Jordan Barski"
(Doc. 26), and all supporting and opposing documents, IT IS HEREBY ORDERED THAT:
1. Plaintiff Fritz's Objections are OVERRULED for the reasons set forth in the
accompanying memorandum opinion. Additionally, Plaintiff's request that this
Court "not consider the recommendation in the report with respect to Defendant's
Motion for Summary Judgment being granted unless and/or until Magistrate Judge
Carlson has had an opportunity to reconsider this recommendation based, at least
in part, on this objection" (Doc. 34, at ~ 17) is DENIED. The Magistrate Judge
thoroughly reviewed the relevant law in this case and applied it to the specific facts

set forth by the Defendants and Plaintiff. The Plaintiff has set forth no reason or
pointed to any significant error which would persuade this Court that the
Magistrate Judge should be tasked with reviewing his own R&R and issuing a
second recommendation. Plaintiffs request would merely prolong the resolution of
Defendants' motion and 'frustrate the purpose of providing a party the opportunity
to file Objections with the District Court and be able to obtain "a de novo
determination of those portions of the report or specified proposed findings or
recommendations to which objection is made" (M.D.Pa. L.R. 72.3) from this Court.
2. The Report and Recommendation (Doc. 33) is ADOPTED for the reasons set forth
therein as well as those set forth in the accompanying memorandum opinion.
3. The "Motion for Summary Judgment of Defendants, Lower Nazareth Target, d/b/a
Target and/or Target Corporation, d/b/a Target and/or Jordan Barski" (Doc. 26) is
GRANTED.
4. Judgment is hereby entered IN FAVOR OF Defendants Lower Nazareth Target,
d/b/a Target and/or Target Corporation, d/b/a Target and/or Jordan Barski and
AGAINST Plaintiff Holly Fritz.
5. The Clerk of Court is directed to CLOSE the above-captioned action.

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