Opinion
Civil Action No. 16-2740
03-29-2017
DONNA GARBACCIO, ET AL., Plaintiffs, v. ST. JOSEPH'S HOSPITAL AND MEDICAL CENTER AND SUBSIDIARIES, ET AL., Defendants.
NOT FOR PUBLICATION
ORDER ADOPTING REPORT AND RECOMMENDATION John Michael Vazquez , U.S.D.J.
This matter comes before the Court on two motions: (1) motion of Plaintiff Dana Garbaccio through her counsel Cohen Milstein Sellers & Toll, LLC ("Cohen Milstein") and Keller Rohrback, L.L.P. ("Keller Rohrback") (collectively, "Garbaccio's Counsel") to appoint interim lead plaintiff and interim co-lead counsel [D.E. 64]; and (2) motion of Plaintiffs Mary Lynne Barker, Anne Marie Dalio and Dorothy Flar, through their counsel Kessler Topaz Meltzer & Check, LLP ("KTMC") and Izard, Kindall & Raabe ("IKR") (collectively, "Barker's Counsel") to appoint interim co-lead counsel [D.E. 70]. Both motions are opposed by the respective Plaintiffs, and unopposed by Defendants. In response to these motions, on March 13, 2017, Magistrate James B. Clark filed a Report and Recommendation ("R&R"). D.E. 94. In his R&R, Judge Clark recommended that this Court grant in part and deny in part Garbaccio's motion and deny Barker's motion. Id. Judge Clark recommended that no interim lead plaintiff be appointed at this time and further recommended appointing Garbaccio's Counsel as interim co-lead counsel. Id. The parties were given notice that, pursuant to Federal Rule of Civil Procedure 72(b)(2) and Local Civil Rule 71.1(c)(2), they had fourteen days to file an objection to Judge Clark's R&R. To date, it appears that neither party has objected. The Court has conducted a review of the record and of Judge Clark's R&R for clear error, and for good cause shown,
De novo review is required when an objection is made. 21 U.S.C. § 636(b)(1). See also Fed.R.Civ.P. 72(b)(3). However, when no objection is made, the Court reviews a magistrate judge's R&R for clear error. McKean v. Colvin, 150 F. Supp. 3d 406, 409-10 (M.D. Pa. 2015).
IT IS on this 29th day of March, 2017,
ORDERED that the R&R filed March 13, 2017 (D.E. 94) is ADOPTED and made part of this Order; and it is further
The Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). --------
ORDERED that Garbaccio's motion (D.E. 64) is GRANTED IN PART and DENIED IN PART; and it is further
ORDERED that Barker's motion (D.E. 70) is DENIED; and it is further
ORDERED that no interim lead plaintiff will be appointed at this time; and it is further
ORDERED that Cohen Milstein Sellers & Toll, LLC and Keller Rohrback, L.L.P. are appointed as interim co-lead counsel.
/s/_________
John Michael Vazquez, U.S.D.J.