Summary
In Tripodes, NVR sought enforcement of the limitations provision to bar those plaintiffs' breach of contract and breach of warranty claims.
Summary of this case from Catena v. NVR, Inc.Opinion
2:18cv1131
01-11-2019
NICHOLAS TRIPODES and MARIA TRIPODES, Plaintiffs, v. NVR, INC. trading as HEARTLAND HOMES OF PA, RITE RUG CO. doing business as RITE RUG FLOORING and ARMSTRONG FLOORING, INC., Defendants.
Electronic Filing
MEMORANDUM ORDER
On August 27, 2018, the above captioned case was removed to this court and was referred to a magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l), and Rules 72.C and 72.D of the Local Rules of Court for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation on November 6, 2018 (ECF No. 31) recommending that the Motion to Remand (ECF No. 22) be denied. On November 20, 2018, Plaintiffs filed their objections (ECF No. 31) and on December 10, 2018, Defendant filed its response thereto. (ECF No. 34).
After de nova review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 11th day of January, 2019,
IT IS HEREBY ORDERED that the Motion to Remand to State Court, (ECF No. 22) is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 31) dated November 6, 2018, is hereby ADOPTED as the opinion of the Court.
s/ DAVID STEWART CERCONE
David Stewart Cercone
Senior United States District Judge cc: Michael J. Cremonese, Esquire
Alexandra Farone, Esquire
Kathleen A. Gallagher, Esquire
Carolyn Batz McGree, Esquire
Russell D. Giancola, Esquire
Peter N. Georgiades, Esquire
Victor D. Radel, Esquire
Magistrate Judge Maureen P. Kelly
(Via CM/ECF Electronic Mail)