United States District Court, W.D. Pennsylvania
August 24, 2005.
I.U.P.A.T. DISTRICT COUNCIL #57 COMBINED FUNDS on behalf of the TRUSTEES OF THE I.U.P.A.T. WELFARE FUND OF WESTERN PA AND THE I.U.P.A.T. WESTERN PA ANNUITY FUND AND THE INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL #57, Plaintiff,
RICHARD D. STUMME and DONNA L. STUMME individually and t/d/b/a RICK STUMME PAINTING and CEILING PRO OF IRWIN, INC., Defendants.
The opinion of the court was delivered by: GARY LANCASTER, District Judge
The above captioned case was received by the Clerk of Court on
January 28, 2005, 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 Magistrates, on February 1,
The magistrate judge's Report and Recommendation (Doc. No. 12),
filed on July 29, 2005, recommended that Defendant's Motion to
Dismiss (Doc. No. 8) be denied. 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
AND NOW, this 20th day of August, 2005;
IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (Doc.
No. 8) is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation
(Doc. No. 12) of Magistrate Judge Lenihan, dated July 29, 2005,
is adopted as the opinion of the court.
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