ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the court on May 6, 2002, with copies to counsel, his Recommended Decision on Defendant's Motion for Summary Judgment. The defendant filed an objection to the Recommended Decision on May 14, 2002. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The defendant's motion for summary judgment is GRANTED as to Count II and is otherwise DENIED.
By agreement of the parties, a correction is made to the Recommended Decision on page 4, first paragraph, lines 8-9. The sentence should read "Counsel for the plaintiff contends that he orally informed counsel for the defendant of the existence of the action sometime before this letter was sent."