Opinion
CIVIL ACTION NO. 4:12-CV-704
12-20-2012
JOHN R. MCWHIRTER, et al. Plaintiffs v. GEORGE J. SELEMBO, JR., et al. Defendants
(Chief Judge Kane)
(Magistrate Judge Schwab)
ORDER
Before the Court in the above-captioned action is a November 26, 2012 report of the Magistrate Judge. No timely objections have been filed.
AND NOW, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:
1) The Court adopts the Report and Recommendation of Magistrate Judge Carlson.
2) The Defendants/Counterclaim Plaintiffs motion to dismiss the complaint lodged against them by the Plaintiffs (Doc. No. 12.), is DENIED without prejudice.
3) The case is REMANDED to Magistrate Judge Schwab for further proceedings.
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YVETTE KANE, Chief Judge
United States District Court
Middle District of Pennsylvania