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Norfolk Southern Railway Co. v. City of Pittsburgh

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


December 19, 2005

NORFOLK SOUTHERN RAILWAY COMPANY, PLAINTIFF,
v.
CITY OF PITTSBURGH, DEFENDANT.
CITY OF PITTSBURGH, THIRD-PARTY PLAINTIFF,
v.
CHARLES L. DESMONE & ASSOCIATES TDBA DESMONE & ASSOCIATES ARCHITECTS, THIRD-PARTY DEFENDANTS.
CHARLES L. DESMONE & ASSOCIATES TDBA DESMONE & ASSOCIATES ARCHITECTS, FOURTH-PARTY PLAINTIFF,
v.
MAZZA ENGINEERING ASSOCIATES, INC., FOURTH-PARTY DEFENDANT.

The opinion of the court was delivered by: Judge Conti

Magistrate Judge Hay

ORDER

AND NOW, this 15th day of December, 2005, after the plaintiff, Norfolk Southern Railway Company, filed an action in the above-captioned case, and after a Motion for Supersedeas and Order Suspending Injunction During Pendency of Appeal Pursuant to Federal Rules of Civil Procedure 62(c) was filed by defendant, City of Pittsburgh, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties ten days after being served with a copy to file written objections thereto, and upon consideration of the objections filed by defendant, and the response to those objections filed by plaintiff, and upon independent review of the motion and the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,

IT IS ORDERED that defendant's Motion for Supersedeas and Other Suspending Injunction During Pendency of Appeal Pursuant to Federal Rules of Civil Procedure 62(c) is DENIED.

JOY FLOWERS CONTI United States District Judge

Honorable Amy Reynolds Hay United States Magistrate Judge

20051219

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