O'Mara v. Virginia Department Of Corrections

Filing 50

ORDER entered and filed 6/2/17 hereby adopting and approving in full the findings and recommendations set for in the U.S. Magistrate Judge's 49 Report and Recommendation filed May 15, 2017, as outlined. Accordingly, Defendant's 33 Mot ion for Summary Judgment filed on February 23, 2017 is DENIED, and Plaintiff's 40 Motion to Strike Defendant's Motion for Summary Judgment is DENIED, as outlined. (See Order for Specifics) (Signed by Chief District Judge Rebecca Beach Smith on 6/2/17). Copies provided as directed 6/2/17. (ecav, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

Norfolk Division

DANIELLE L.

KRANER O'MARA,

Plaintiff/
V.

Case No. 2:16cv489

VIRGINIA DEPARTMENT

OF CORRECTIONS,
Defendant.
ORDER

This matter comes before the court on defendant's Motion for

Summary Judgment

(ECF No.

33)

filed on February 23,

2017,

and

plaintiff's Motion to Strike Defendant's Motion for Summary Judgment
(ECF No. 40)

filed March 30, 2017.

The matters were referred to a

United States Magistrate Judge by Order of March 16, 2017 (ECF No.

38), and by Order of April 6,
provisions of 28 U.S.C.

Procedure

72(b),

to

2017

(ECF No.

§ 636(b)(1)(B)

conduct

44), pursuant to the

and Federal Rule of Civil

hearings,

including

evidentiary

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

of

fact,

if

applicable,

and

recommendations

for

the

disposition of the matters.
A hearing on both motions took place on April 21, 2017, and the

United States Magistrate Judge's Report and Recommendation (ECF No.
49) was filed on May 15, 2017 .

The Magistrate Judge recommended that

the court deny defendant's Motion for Suiranary Judgment, and also deny

plaintiff's

Motion

to

Strike

Defendant's

Motion

for

Summary

Judgment.

By copy of the Report and Recommendation of the Magistrate
Judge,

the parties were advised of

objections thereto.

their right

to

file written

The court has received no objections to the

Magistrate Judge' s Report and Recommendation, and the time for filing
same has expired.

The court does hereby adopt and approve in full

the

recommendations

findings

and

set

forth

in

the

Report

and

Recommendation of the United States Magistrate Judge filed May 15,

2017.

Accordingly,

DENIED,

defendant's Motion

for

Summary Judgment

and plaintiff's Motion to Strike Defendant's Motion

is
for

Summary Judgment is DENIED.
The Clerk shall forward a copy of this Order to all parties of
record.

I t is so ORDERED.

Isl

Rebecca Beach Smith

-m-

Chief Judge

REBECCA BEACH
CHIEF

June

2017

JUDGE

SMITH