Opinion
2:05cv1438.
June 26, 2006
MEMORANDUM ORDER
On November 3, 2005, this case was referred to United States Magistrate Judge Francis X. Caiazza for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636 (b)(1)(A) and (B), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
On May 17, 2006, the magistrate judge issued a Report and Recommendation (Document No. 31) recommending that the District Court grant the Defendants' Motion to Dismiss (Document No. 28). Service of the Report and Recommendation was made on all parties. Objections (Document No. 32)were filed on June 2, 2006. Responses were filed by the Braddock Cemetery (Document No. 33) and by defendants Consol Energy, and CNX Coal (Document No. 34), on June 12, 2006. In these documents, the parties largely restate arguments made in their briefs.
After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and objections thereto and responses, the following Order is entered:
AND NOW, this 26th day of June, 2006, IT IS HEREBY ORDERED that the Defendants' Motion to Dismiss is granted, and the Report and Recommendation of Magistrate Judge Caiazza dated May 17, 2006, is hereby adopted as the opinion of the court.