Fitzgerald et al v. McHugh et al
ORDER RULING ON 108 REPORT AND RECOMMENDATION it is ordered that plaintiffs' motion for summary judgment is granted. It is further ordered that the magistrate judge's report and recommendation is adopted as th e order of this Court, and further ordered that the within matter is referred back to the magistrate judge for a damages hearing to determine the amount of damages to be awarded in this case against both defendants. Signed by Honorable Patrick Michael Duffy on 05/10/2017. (egra, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Stephen Fitzgerald, MD and Joanne Fitzgerald,
Kathleen McHugh and Rowallan of Scotland
) C.A. #2:13-3519-PMD-BM
This matter is before the court upon the magistrate judge's recommendation that
plaintiffs’ motion for summary judgment be granted. The record includes the report and
recommendation of the United States Magistrate Judge made in accordance with this Court’s
Order of Reference and 28 U.S.C. § 636(b).
This Court is charged with conducting a de novo review of any portion of the
magistrate judge's report to which a specific objection is registered, and may accept, reject,
or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. §
636(b)(1). No objections have been filed to the magistrate judge’s report.1
A review of the record indicates that the magistrate judge's report accurately
summarizes this case and the applicable law. For the reasons articulated by the magistrate
judge, it is ordered that plaintiffs’ motion for summary judgment is granted.
ORDERED, that the magistrate judge’s report and recommendation is adopted as
the order of this Court, and
FURTHER ORDERED that the within matter is referred back to the magistrate
The Report and Recommendation of April 21, 2017, mailed to McHugh’s last
known address, was returned with the envelope being marked “Return to sender, not
deliverable as addressed, unable to forward,” and no updated address has been given to
judge for a damages hearing to determine the amount of damages to be awarded in this case
against both defendants.
AND IT IS SO ORDERED.
May 10, 2017
Charleston, South Carolina
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