ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on September 30, 2011, his Recommended Decision (Docket No. 29). Defendants filed their Objection to the Recommended Decision (Docket No. 31) on October 14, 2011. Plaintiff filed its Response to Defendants' Objection to the Recommended Decision (Docket No. 32) on October 27, 2011.
I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's 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.
1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.
2. The Court AFFIRMS the denial for leave to file a sur-reply (Doc. No. 26).
3. It is hereby ORDERED that the Plaintiff's Motion for Partial Summary Judgment (Doc. No. 18) is GRANTED.
4. It is hereby ORDERED that the Defendants' Motion to Exclude the Testimony of the Plaintiff's Expert Witness (Doc. No. 17) is DISMISSED without prejudice.