Civil Action No. 03-1967.
November 10, 2004
AND NOW, this 10th day of November, 2004, after the plaintiff, Margery E. Cameron, Executrix of the Estate of Nora A. Toepfer, deceased, filed an action in the above-captioned case, and after motions for summary judgment were submitted by plaintiff and defendant, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties ten days after being served with a copy to file written objections thereto, and upon consideration of the objections filed by defendant and the response to those objections filed by plaintiff, and upon consideration of defendant's untimely filed opposition to plaintiff's motion for summary judgment which is construed as an objection to the Report and Recommendation, and upon independent review of the motions and the record, and upon consideration of the Magistrate Judge's Report and Recommendation (Docket No. 19), which is adopted as the opinion of this Court except for the discussion of the affidavit of Robert W. Andreen on pages 9 and 10 of the Report and Recommendation, which is stricken,
IT IS ORDERED that defendant's motion for summary judgment (Docket No. 11) is denied.
IT IS FURTHER ORDERED that defendant's Objection to Magistrate Judge's Order Denying Motion to Strike Affidavit of Robert W. Andreen (Docket No. 24) is dismissed as moot.
IT IS FURTHER ORDERED that plaintiff's motion for summary judgment (Docket No. 14) is granted.