MEMORANDUM OPINION
VIRGINIA EMERSON HOPKINS, District Judge.
I. PROCEDURAL HISTORY
The magistrate judge filed a Report and Recommendation on December 22, 2011 (Doc. 69), recommending that the Summary Judgment Motions filed by the Defendants, Max B. Ward ("Ward") and Elizabeth Ward ("Mrs. Ward") (collectively, "the Wards") and by the Defendant, Arkansas Transit Homes, Inc. ("Arkansas Transit") be
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