ORDER ACCEPTING, AFFIRMING AND ADOPTING THE RECOMMENDED DECISION RE: DOCKET NOS. 23 AND 25 AND AFFIRMING THE MAGISTRATE'S ORDERS ON DOCKET NOS. 26 AND 27
After full de novo review of the record herein, including the Recommended Decision (Docket No. 34) and the Objection of the Plaintiff thereto (Docket No. 37) and the Defendant's Response thereto (Docket No. 39), it is hereby ORDERED, pursuant to 28 U.S.C. § 636(b)(1)(B):
(1) That the Recommended Decision herein be, and it is hereby ACCEPTED, AFFIRMED and ADOPTED as the Judgment of the Court and that the Defendant's Motion to Dismiss (Docket No. 23) be, and is hereby, GRANTED, and it is ADJUDGED that Defendant shall recover of the Plaintiff an award of attorney's fees for all fees incurred by the Defendant subsequent to August 29, 2005, pursuant to Rule 37(b)(2)(C) as approved in amount, on motion, if need be, by the Court;
(2) That, on appellate review, pursuant to 28 U.S.C. § 636(b)(1)(A) the Orders of the Magistrate Judge denying Plaintiff's nondispositive motions at Docket Nos. 26 and 27 beand are hereby AFFIRMED and ADOPTED, no clear error therein being shown, and it is hereby ORDERED that said motions be and are hereby DENIED; and
(3) Defendant shall file any motion that may be required for approval in amount of counsel fees awarded herein in accordance with local Rule No. 54.2.
GENE CARTER Senior U.S. District Court Judge
DATED at Portland, Maine this 12th day of December, 2005.