issuance of a writ of execution." Pa. R. Civ. P. 3118(a).
The hearing envisioned by Rule 3118(a) is something less than a full hearing prior to the granting of relief. Chadwin v. Krouse, 254 Pa. Super. 445, 386 A.2d 33, 37 (Pa. Super. Ct. 1978) (citing Greater Valley Terminal Corp. v. Goodman, 415 Pa. 1, 202 A.2d 89, 93 (1964)). Relief pursuant to Rule 3118(a), however, is limited to maintaining the status quo with respect to debtors' assets. Id.
Thus, any relief Plaintiff requests which goes beyond the maintenance of the status quo with respect to debtors' assets must be preceded by a "full dress equity proceeding" under Pennsylvania law. Id.
The hearing prescribed by Pa. R. Civ. P. 3118(a) can be conducted by a United States Magistrate provided the Magistrate submits a Report and Recommendation to this court as to whether the requested injunctions should issue. United States Magistrate Judge Naythons has been actively involved in the discovery disputes in this matter. Plaintiff's Petition for Supplementary Relief in Aid of Execution strikes at the heart of discovery. Thus, in the interests of judicial economy, this matter will be referred to United States Magistrate Judge Edwin Naythons so that he may conduct a hearing in compliance with Pa. R. Civ. P. 3118.
An appropriate Order follows.
AND NOW, this 23rd day of December, 1992, in consideration of Plaintiff's Petition for Supplementary Relief in Aid of Execution, Defendants' response thereto, the Report and Recommendation of the United States Magistrate Judge, and the foregoing Memorandum, it is hereby ORDERED that:
(1) The Report and Recommendation is APPROVED and ADOPTED as modified by the foregoing Memorandum,
(2) Plaintiff's Petition is GRANTED in part, and
(3) A hearing shall be held pursuant to Pa. R. Civ. P. 3118(a) by United States Magistrate Judge Edwin E. Naythons at a time he designates.
BY THE COURT:
JAMES McGIRR KELLY, J.
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