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COMMONWEALTH OF PENNSYLVANIA v. ALLEGHENY ENERGY INC.

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,
v.
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.

20051121

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