Aguilar v. Hubbell Lenoir City, Inc

Filing 42

ORDER accepting in whole 39 the magistrate judge's Report and Recommendation and granting 36 Defendant's Motion for Summary Judgment on its counterclaims for breach of contract, whereby the Defendant is awarded a sum o f $116,555.06, representing $114,761.06 in damages for breach of contract, plus $1,794.00 in previously ordered discovery sanctions. Further, Defendant's requests for pre-judgment and post-judgment interest, and for summary judgme nt on Defendant's counterclaims for conversion and breach of the implied covenants of good faith and fair dealing, are DENIED WITHOUT PREJUDICE. Signed by District Judge Thomas W Phillips on September 16, 2011. (mailed to Mr. Aguilar) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

MICHELLE AGUILAR,
Plaintiff,
v.
HUBBELL LENOIR CITY, Inc.,
Defendant.

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No. 3:09-cv-406
(Phillips/Guyton)

ORDER
This retaliatory discharge action is before the court on the report and
recommendation filed by United States Magistrate Judge H. Bruce Guyton. [Doc. 39].
There have been no timely objections to the report and recommendation, and enough time
has passed since the filing of the report and recommendation to treat any objections as
having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).

After a careful review of this matter, the court is in complete agreement with
the magistrate judge’s recommendation that the Defendant’s Motion for Summary
Judgment [Doc. 36] be GRANTED IN PART and DENIED IN PART. Accordingly, the court
ACCEPTS IN WHOLE the report and recommendation under 28 U.S.C. § 636(b)(1) and
Fed. R. Civ. P. 72(b).

It is ORDERED, for the reasons stated in the report and recommendation,
which the court adopts and incorporates into its ruling, that the Defendant’s request for

summary judgment on its counterclaims for breach of contract is GRANTED, whereby the
Defendant is awarded a sum of $116,555.06, representing $114,761.06 in damages for
breach of contract, plus $1,794.00 in previously ordered discovery sanctions. [See Doc.
29]. It is also ORDERED that Defendant’s requests for pre-judgment and post-judgment
interest, and for summary judgment on Defendant’s counterclaims for conversion and
breach of the implied covenants of good faith and fair dealing, are DENIED WITHOUT
PREJUDICE.

IT IS SO ORDERED.

ENTER:
s/ Thomas W. Phillips
United States District Judge