United States District Court, W.D. Pennsylvania
August 5, 2005.
THOMAS J. KALISZEWSKI, Plaintiff,
SHEET METAL WORKERS' NATIONAL PENSION FUND, et al. Defendant.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
Plaintiff's complaint was received by the Clerk of Court on
July 8, 2003, and was referred to United States Magistrate Judge
Susan P. Baxter 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 case was
transferred to Magistrate Judge Lenihan on April 8, 2004.
The magistrate judge's Report and Recommendation (Doc. Nos. 42
and 43), filed on July 19, 2005, recommended that the Motion for
Summary Judgment (Doc. No. 31) filed by Defendants and
Counterclaim Plaintiffs, Sheet Metal Workers' National Pension
Fund, and its Board Trustees, Administrators and Appeals
Committee, be denied. Service was made on all counsel of record.
No objections to the report and recommendation were filed. After
review of the pleadings and documents in the case, together with
the report and recommendation, the following order is entered:
AND NOW, this 5th day of August, 2005;
IT IS HEREBY ORDERED that Motion for Summary Judgment (Docket
#31) filed by Defendants and Counterclaim Plaintiffs, Sheet Metal
Workers' National Pension Fund, and its Board Trustees,
Administrators and Appeals Committee, is DENIED. IT IS FURTHER ORDERED that the report and recommendation of
Magistrate Judge Lenihan, dated July 19, 2005, is adopted as the
opinion of the court.
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