ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on April 14, 2003, with copies to the Defendants and to counsel, his Recommended Decision on Plaintiff's Motion for Partial Summary Judgment (Docket Item No. 31); and Defendant Chipman filed his objection to the Recommended Decision on April 23, 2003 (Docket Item No. 32), to which objection, Plaintiff filed his response on May 13, 2003 (Docket Item No. 35). This Court having reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record, and 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 his Recommended Decision, and having determined that no further proceeding is necessary; it is ORDERED as follows:
(1) The objection of the Defendant is hereby DENIED.
(2) The Recommended Decision of the Magistrate Judge is hereby AFFIRMED.
(3) Plaintiff, Second Chance, Inc.'s Motion for Partial Summary Judgment is hereby GRANTED.
(4) The third counterclaim, brought against persons who are not parties to the instant lawsuit, is hereby DISMISSED sua sponte by the Court.
It is FURTHER ORDERED that the sum of Ten Thousand Dollars ($10,000.00) currently held in escrow be RELEASED forthwith to Second Chance, Inc.