United States District Court, W.D. Pennsylvania
December 6, 2005.
KRAUS INDUSTRIES, INC. dba OLSON INDUSTRIES, INC., Plaintiff,
COLONY INSURANCE COMPANY, Defendant.
The opinion of the court was delivered by: TERRENCE McVERRY, District Judge
ORDER OF COURT
Plaintiff's Complaint was received by the Clerk of Court and
was subsequently referred to United States Magistrate Judge Lisa
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.
The Magistrate Judge's Report and Recommendation recommended
that Defendant's Motion for Summary Judgment be denied and that
this Court sua sponte grant summary judgment to Plaintiff as to
that portion of its action seeking a declaratory judgment
requiring Colony to defend Kraus in the underlying Cross
litigation, as more fully set forth in the Magistrate's Report.
Service was made on all parties. Objections to the Report and
Recommendation were filed, as was Plaintiff's Response to the
Objections. The objections are found to be without merit. After
review of the pleadings and documents in the case, together with
the Report and Recommendation, the following Order is entered: AND NOW, this 6th day of December, 2005;
It is hereby ORDERED that Defendant's Motion for Summary
Judgment be denied and that summary judgment be entered for
Plaintiff as to that portion of its action which seeks a
declaratory judgment requiring Colony to defend Kraus in the
The Report and Recommendation of Magistrate Judge Lenihan is
adopted as the Opinion of the Court.
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