ORDER ADOPTING REPORT AND RECOMMENDATION
ROBERT J. JONKER, District Judge.
The Court has reviewed the Magistrate Judge's Report and Recommendation (docket # 40), as well as Objections made by Defendant (docket # 42). Under the Federal Rules of Civil Procedure, where, as here, a party has objected to portions of a Report and Recommendation, "[t]he district judge . . . has a duty to reject the magistrate judge's recommendation unless...
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