United States District Court, W.D. Pennsylvania
November 21, 2005.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF CONNECTICUT, STATE OF MARYLAND, STATE OF NEW JERSEY and STATE OF NEW YORK, Plaintiffs,
ALLEGHENY ENERGY INC., ALLEGHENY ENERGY SERVICE CORPORATION, ALLEGHENY ENERGY SUPPLY COMPANY, LLC, MONONGAHELA POWER COMPANY, THE POTOMAC EDISON COMPANY and WEST PENN POWER COMPANY, Defendants.
The opinion of the court was delivered by: TERRENCE McVERRY, District Judge
ORDER OF COURT
AND NOW, this 21st day of November, 2005, after the
Plaintiffs filed the above captioned action, and after Defendants
moved to stay this proceeding until a prior pending action
between a number of the same parties is completed or until a
pending motion to dismiss in the prior action is decided, and
after a Report and Recommendation was issued by United States
Magistrate Judge Robert C. Mitchell, and the parties were granted
ten days after being served with a copy to file written
objections thereto, and upon consideration of the objections
filed by the Defendants which the Court finds to be without
merit, and after independent review of the pleadings, and the
Magistrate Judge's Report and Recommendation, which is adopted as
the opinion of this Court, It is ORDERED that the Defendants' motion to stay proceeding
until a prior pending action between several of the parties is
completed or until a pending motion to dismiss in the prior
action is decided (Document No. 13) is DENIED.
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