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Big Cats of Serenity Springs, Inc. v. Vilsack

United States District Court, District of Colorado

May 11, 2015

BIG CATS OF SERENITY SPRINGS, INC., doing business as Serenity Springs Wildlife Center, NICK SCULAC, JULIE WALKER, and JULES INVESTMENT, INC., Plaintiffs,
v.
THOMAS J. VILSACK, in his official capacity as Secretary of Agriculture, CINDY RHODES, TRACY THOMPSON, and OTHER UNNAMED USDA EMPLOYEES, Defendants.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Robert E. Blackburn Judge

The matter before me is the recommendation contained in the Order and Recommendation of United States Magistrate Judge [#49], [1] filed April 7, 2015. No objection having been timely filed to the recommendation, I review it for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge’s recommended disposition, I find and conclude that the recommendation should be approved and adopted.

THEREFORE, IT IS ORDERED as follows:

1. That the recommendation contained in the Order and Recommendation of United States Magistrate Judge [#49], filed April 7, 2015, is approved and adopted as an order of this court;

2. That plaintiffs Unopposed Motion for Leave To File Second Amended Complaint [#47], filed April 6, 2015, is granted;

3. That the proposed Second Amended Complaint for Damages, Declaratory Judgment, and Other Relief [#47-2] and its attendant exhibits [##47-3 - 47-8] are accepted for filing; and

4. That paragraph 4 of the courts Order Overruling Objections to and Adopting Recommendation of United States Magistrate Judge [#46], filed March 25, 2015, is vacated, and the following language substituted therefore:

4. That at the time judgment enters, judgment with prejudice shall enter on behalf of defendants against plaintiffs Big Cats of Serenity Springs, Inc., doing business as Serenity Springs Wildlife Center, Julie Walker, and Jules Investment, Inc., as to the Third and Fourth Claims for Relief asserted in the Complaint for Damages, Declaratory Judgment, and Other Relief [#1], filed December 4, 2013.

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