ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
No objections having been filed to the Magistrate Judge's Recommended Decision filed January 5, 2005, the Recommended Decision is accepted.
Accordingly, it is ORDERED:
1. Drummond Plaintiff's Motion to Strike (Docket No. 39) is GRANTED in part and DENIED in part.
2. Third-Party Defendant Machigonne's Motion for Summary Judgment (Docket No. 38) is GRANTED with respect to any claimed breach of a duty to defend and is otherwise DENIED.
3. Drummond Plaintiff's Cross-Motion for Summary Judgment (Docket No. 39) is DENIED.
George Z. Singal Chief United States District Judge
Dated this 25th day of January, 2005.