Commonwealth of Pennsylvania v. Allegheny Energy Inc.

Full title: COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTION…

Court: United States District Court, W.D. Pennsylvania

Date published: Nov 21, 2005

2:05-cv-885 (W.D. Pa. Nov. 21, 2005)

Opinion

2:05-cv-885.

November 21, 2005

ORDER OF COURT

TERRENCE McVERRY, District Judge

AND NOW, this 21^st day of November, 2005, after the Plaintiffs filed the above captioned action, and after Defendants moved to stay this proceeding until a prior pending action between a number of the same parties is completed or until a pending motion to dismiss in the prior action is decided, and after a Report and Recommendation was issued by United States Magistrate Judge Robert C. Mitchell, and the parties were granted ten days after being served with a copy to file written objections thereto, and upon consideration of the objections filed by the Defendants which the Court finds to be without merit, and after independent review of the pleadings, and the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,

It is ORDERED that the Defendants' motion to stay proceeding until a prior pending action between several of the parties is completed or until a pending motion to dismiss in the prior action is decided (Document No. 13) is DENIED.