United States District Court, W.D. Pennsylvania
August 23, 2005.
STEPHEN GROSS, Plaintiff,
TONOMO MARINE, INC., Defendant.
The opinion of the court was delivered by: TERRENCE McVERRY, District Judge
Plaintiff's Complaint was received by the Clerk of Court on
July 29, 2002 and was subsequently referred to United States
Magistrate Judge Lisa 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 Magistrates.
The Magistrate Judge's Report and Recommendation, filed on July
25, 2005, recommended that Plaintiff's Motion for Summary
Judgment be granted. Service was made on all parties. 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 23rd day of August, 2005:
IT IS HEREBY ORDERED that Plaintiff's Motion for Summary
Judgment be granted and that, in accordance therewith,
Defendant's barge be deemed a vessel for purposes of this Court's
admiralty jurisdiction over Plaintiff's claims. The Report and Recommendation of Magistrate Judge Lenihan is
adopted as the Opinion of the Court.
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