United States District Court, W.D. Pennsylvania
August 11, 2005.
BETH A. BARRY and CHRISTIAN BARRY, her husband Plaintiffs,
POTTERY-BARN, INC., and WILLIAMS-SONOMA STORES, INC., Defendants and Third Party Plaintiff v. MAQUILADORA PRODUR, S.A. de C.V., a foreign corporation, LASTING PRODUCTS, INC., a foreign corporation, and CERAMICA Y VIDRIO DE NUEVO LEON, S.A. de C.V., a foreign corporation, Third Party Defendants.
The opinion of the court was delivered by: TERRENCE McVERRY, District Judge
The above captioned case was received from the Court of Common
Pleas of Allegheny County on October 1, 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
The magistrate judge's Report and Recommendation (Doc. No. 27),
filed on July 27, 2005, recommended that the Motion to Dismiss by
Third Party Defendant Lasting Products, Inc. (Doc. No. 15) be
denied without prejudice to refile if warranted following
discovery on the issue of personal jurisdiction. Service was made
on all counsel of record. The parties were advised they were allowed ten (10) days from the date of service
to file written objections to the report and recommendation. No
objections have been 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 11th day of August, 2005;
IT IS HEREBY ORDERED that the Motion to Dismiss by Third
Party Defendant Lasting Products, Inc. (Doc. No. 15) is DENIED
without prejudice to refile if warranted following discovery on
the issue of personal jurisdiction.
IT IS FURTHER ORDERED that the Report and Recommendation
(Doc. No. 27) of Magistrate Judge Lenihan, dated July 26, 2005,
is adopted as the opinion of the court.
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