Pyeritz v. Loggy Bayou Enterprise

Full title: DAWN A. PYERITZ, Administratrix of the Estate of Daniel E. Pyeritz…

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

Date published: Jan 31, 2006

Civil Action No. 03-1339 (W.D. Pa. Jan. 31, 2006)

Opinion

Civil Action No. 03-1339.

January 31, 2006

MEMORANDUM ORDER

DONETTA AMBROSE, District Judge

On September 16, 2003, this case was referred to United States Magistrate Judge Ila Jeanne Sensenich for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636 (b) (1) (A) and (B), and Rules 71.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation, filed on December 16, 2005, recommended that Plaintiffs' Petition to Approve Settlement of Death Claim be granted and that the distribution of proceeds be in accord with Exhibit C of the Petition. It further recommended that the proceeds of the settlement be allocated $2,000.00 to the Survival Act claim and $198,000.00 to the Wrongful Death claim. The parties were allowed (10) days from the date of service to file objections. Service was made on all parties. Objections to the Report and Recommendation have not been filed. Defendant Loggy Bayou Enterprise waived its objections to the Report and Recommendation on December 19, 2005. After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 27^th day of January, 2006;

IT IS HEREBY ORDERED that Plaintiffs' Petition to Approve Settlement of Death Claim is granted and the distribution of proceeds shall be in accord with Exhibit C of the Petition.

IT IS FURTHER ORDERED that the proceeds of the settlement shall be allocated $2,000.00 to the Survival Act claim and $198,000.00 to the Wrongful Death claim.

IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge Sensenich, dated December 16, 2005, is adopted as the opinion of the court.