United States District Court, W.D. Pennsylvania
September 29, 2005.
WILLIAM A. WEIS, Plaintiff,
ADVANCED CONSTRUCTION SERVICES, INC., Defendant.
The opinion of the court was delivered by: DAVID CERCONE, District Judge
The Plaintiff's complaint was received by the Clerk of Court on
January 15, 2004, and was referred to United States Magistrate
Judge Francis X. Caiazza 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
August 19, 2005, recommended that the Defendant's Motion for
Summary Judgment (Document No. 12) be granted. The parties were
allowed ten (10) days from the date of service to file
objections. Service was made on the Plaintiff by First Class
United States Mail and on the Defendant. Objections were filed by
the Plaintiff on September 6, 2005. Defendant filed a Response to
Plaintiff's Objections on September 28, 2005. After de novo
review of the pleadings and documents in the case, together with
the Report and Recommendation and the objections thereto, the
following order is entered: IT IS HEREBY ORDERED that the Defendant's Motion for Summary
Judgment (Document No. 12) is granted.
The Report and Recommendation of Magistrate Judge Caiazza dated
August 19, 2005 (Document No. 19), is adopted as the opinion of
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