Precon Development Corporation, Inc. v. United States Army Corps of Engineers

Filing 101

FINAL ORDER - the plaintiff's Motion for Summary Judgment is hereby DENIED; and the defendant's Cross Motion for Summary Judgment is hereby GRANTED. The Clerk shall enter judgment for the defendant and the case is DISMISSED from the docket. Signed by Chief District Judge Rebecca Beach Smith and filed on 8/9/2013. (bnew)

Precon Development Corporation, Inc. v. United States Army Corps of Engineers

Doc. 101

FILED
UNITED

STATES

DISTRICT COURT

EASTERN DISTRICT

OF VIRGINIA

AUG -9 2013

Norfolk Division

CLURK, US. DISTRICT COURT
PRECON DEVELOPMENT

CORPORATION,

INC.,

Plaintiff,
ACTION NO.

UNITED

2:08cv447

STATES ARMY CORPS

OF ENGINEERS,
Defendant.

FINAL

ORDER

This matter comes before the court on the Motion for Summary

Judgment (ECF No. 77), filed by the plaintiff on March 28, 2013,
and the defendant's Cross Motion for Summary Judgement (ECF No. 91)

filed on April 22,

2013.

The matter was referred to a United

States Magistrate Judge by Order of May 7, 2013, pursuant to the

provisions of 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil
Procedure

72(b),

to

conduct

hearings,

including

evidentiary

hearings, if necessary, and to submit to the undersigned proposed
findings

of

fact,

if

applicable,

and

recommendations

for

the

disposition of the motions.

The magistrate judge conducted a hearing on May 9,
the

cross-motions

for

summary

judgment.

The

2013, on

United

States

Magistrate Judge's Report and Recommendation was filed on July 25,
2013

(ECF No.

100) .

The magistrate judge recommended that the

plaintiff's Motion for Summary Judgment be denied and dismissed,

Dockets.Justia.com

and defendant's Cross Motion for Summary Judgment be granted.

By

copy of the Report and Recommendation, the parties were advised of
their right
received

no

to

objections

recommendation,
court

does

file written objections

and the

hereby

adopt

to

the

thereto.

magistrate

The court has

judge's

report

time for filing same has expired.
and

approve

in

full

the

findings

and

The
and

recommendations set forth in the Report and Recommendation of the
United States Magistrate Judge filed July 25, 2013.

Accordingly,
hereby

DENIED;

the plaintiff's Motion for Summary Judgment is

and

the

defendant's

Judgment is hereby GRANTED.

Cross

Motion

for

Summary

The Clerk shall enter judgment for the

defendant and the case is DISMISSED

from the docket.

The Clerk shall forward a copy of this Final Order to counsel
for the parties.
It

is

so ORDERED.

..

M.

iw:vw\. Beach Smith

United States District Judge.jRP^
REBECCA BEACH SMITH
CHIEF UNITED

Norfolk, Virginia

August ^ ,2013

STATES DISTRICT JUDGE