PHILLIPS v. EMERSON ELECTRIC CO.

2003 | Cited 0 times | D. Maine | May 29, 2003

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge having filed with the Court on May 5, 2003, with copies to counsel, her Recommended Decision on Defendants' Motion for Summary Judgment (Docket Item No. 26); and Defendants having filed their objection thereto on May 15, 2003, (Docket Item No. 29), to which objection Plaintiff filed his response on May 22, 2003 (Docket Item No. 30); and this Court having reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; and this Court having made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision, and concurring with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, it is ORDERED as follows:

(1) Defendants' objection is hereby DENIED.

(2) The Recommended Decision of the Magistrate Judge is hereby AFFIRMED.

(3) Defendants' incorporated motion to strike Mr. Goulet's affidavit and attached exhibits, which were submitted by Plaintiff in opposition to Defendants' summary judgment motion is hereby GRANTED.

(4) Defendants' motion for summary judgment is hereby DENIED.

(5) Defendants' request for a Daubert hearing in respect to the expert testimony of Mr. Goulet at this summary judgment stage of the case is hereby DENIED.

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