Opinion
Civ. No. 10-1929 (MJD/JJK).
November 23, 2010
Thomas J. Lyons, Esq., and Trista M. Roy, Esq., Lyons Law Firm, P.A., counsel for Plaintiff.
Joseph J. Mihalek, Esq., Fryberger Buchanan Smith Frederick, PA counsel for Defendants and Third-Party Plaintiffs.
Eryk A. Folmer, Esq., and Stephen J. Schlegel, Esq., Stephen J. Schlegel, Ltd.; John D. Kelley, Esq., and Scott A. Witty, Esq., Hanft Fride PA, counsel for Third-Party Defendant.
ORDER
The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes dated November 4, 2010. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records, and proceedings herein, the Court now makes and enters the following Order.
IT IS HEREBY ORDERED that:
1. Third-Party Defendant Action Systems, Inc.'s Motion to Dismiss (Doc. No. 13), is GRANTED; and
2. Third-Party Plaintiffs are allowed an opportunity to amend their Complaint within thirty days to properly assert any common-law claims for breach of contract, negligence, and negligent and/or fraudulent misrepresentation.
Date: November 23, 2010