The opinion of the court was delivered by: GARY LANCASTER, District Judge
This matter was referred to Magistrate Judge Keith A. Pesto for
proceedings in accordance with the Magistrates Act,
28 U.S.C. § 636(b)(1), and subsections 3 and 4 of Local Rule 72.1 for
Magistrate Judges. The complaint alleges a claim by plaintiff
under the Americans with Disabilities Act, 42 U.S.C. § 12101,
et seq., against his former physician. A related complaint,
Howarth v. Mrkich, C.A. No. 05-03J, has been dismissed.
Defendant filed a motion to dismiss this complaint, docket no.
3. The Magistrate Judge filed a Report and Recommendation on July
14, 2005, docket no. 15, recommending that defendant's motion to
dismiss be granted in part and denied in part. The Magistrate
Judge held a status conference on August 12, 2005. At that time
it was agreed by plaintiff, appearing pro se, and defendant,
appearing by counsel, that the complaint would be dismissed with
prejudice. No stipulation of dismissal has been filed, however.
Upon consideration of the record of this matter, and noting
that no party has objected to the Report and Recommendation, the
following order is entered:
AND NOW, this 26th day of September, 2005, IT IS HEREBY
ORDERED that the motion to dismiss, docket no. 3, is granted in
part and denied in part as stated in the Report and
Recommendation, docket no. 15, which is adopted as the opinion of
the Court. IT IS FURTHER ORDERED that the parties shall appear before the
Magistrate Judge in Courtroom A in Johnstown at 1:00 p.m. on
Monday October 3, 2005, to show cause why the settlement of this
matter agreed to on August 12, 2005, should not be enforced.
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