United States District Court, W.D. Pennsylvania
December 16, 2005.
JOVIJO, INC., a Corporation, FRANKLIN FOODS, INC., a Corporation, Plaintiffs,
SUPERVALU, INC., a Corporation SUPERVALU HOLDINGS, INC., a Corporation, Defendant.
The opinion of the court was delivered by: ARTHUR SCHWAB, District Judge
On January 14, 2003, this case was referred to United States
Magistrate Judge Ila Jeanne Sensenich for pretrial proceedings in
accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A)
and (B), and Rules 72.1.3 and 72.1.4 of the Local Rules for
The Magistrate Judge's Report and Recommendation filed on
November 23, 2005, recommended that Defendants' Motion for
Summary Judgment be denied. The parties were allowed (10) days
from the date of service to file objections. Service was made on
all parties. Objections have been filed. After review of the
pleadings and documents in the case, together with the Report and
Recommendation, and the objections thereto, the following order
AND NOW, this 16th day of December, 2005;
IT IS HEREBY ORDERED that Defendants' Motion for Summary
Judgment be denied. The Report and Recommendation of Magistrate Judge Sensenich,
dated November 23, 2005, is adopted as the opinion of the Court.
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