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.
ยง 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
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