Opinion
CIVIL ACTION NO. 1:12-CV-1178
01-10-2013
USAA CASUALTY INSURANCE CO., Plaintiff v. METROPOLITAN EDISON CO., Defendant
(Judge Conner)
ORDER
AND NOW, this 10th day of January, 2013, upon consideration of the Report and Recommendation of Magistrate Judge Mildred E. Methvin (Doc. 23) recommending that defendant's motion to dismiss (Doc. 14) be denied, and, following an independent review of the record, noting that defendant filed objections to the report on December 19, 2012 (Doc. 24), and the court finding Judge Methvin's analysis to be thorough and well-reasoned, and the court finding defendant's objections to be without merit and squarely addressed by Judge Methvin's report (Doc. 23), it is hereby ORDERED that:
Where objections to a magistrate judge's report and recommendation are filed, the court must perform a de novo review of the contested portions of the report. Supinski v. United Parcel Serv., Civ. A. No. 06-0793, 2009 WL 113796, at *3 (M.D. Pa. Jan. 16, 2009) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir. 1989); 28 U.S.C. § 636(b)(1)(c)). "In this regard, Local Rule of Court 72.3 requires 'written objections which . . . specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for those objections.'" Id. (citing Shields v. Astrue, Civ. A. No. 07-417, 2008 WL 4186951, at *6 (M.D. Pa. Sept. 8, 2008)).
1. The Report and Recommendation (Doc. 23) of Magistrate Judge Methvin are ADOPTED.
2. Defendant's motion to dismiss (Doc. 14) is DENIED.
3. A pretrial/trial schedule shall issue by separate order.
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CHRISTOPHER C. CONNER
United States District Judge