Opinion
Civil Action No. 04-1642.
August 30, 2005
Susan M. Papa, Esquire Papa Papa New Castle, PA, Attorney for Plaintiff.
Phillip L. Clark, Jr., Esquire Balph, Nicolls, Mitsos, Flannery, Motto Clark New Castle, PA, Attorney for Defendant.
MEMORANDUM ORDER
Plaintiff's Complaint was received by the Clerk of Court on October 27, 2004, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation (Doc. No. 12) filed on August 8, 2005, recommended that the Defendant's Motion to Dismiss (Doc. No. 8) be denied in part and granted in part. Service was made on all counsel of record. The parties were informed that in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.1.4(B) of the Local Rules for Magistrates, that they had ten (10) days to file any objections. No objections have been filed. After review of the pleadings and the documents in the case, together with the Report and Recommendation, the following Order is entered: AND NOW, this 24th day of August, 2005;
IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (Doc. No. 8) is granted in part and denied in part.
IT IS FURTHER ORDERED that the Report and Recommendation (Doc. No. 12) of Magistrate Judge Lenihan, dated August 8, 2005, is adopted as the Opinion of the Court.