United States District Court, W.D. Pennsylvania
December 29, 2005.
JOHN PROKOP, Plaintiff
JAMES A. DENMAN, et al., Defendants.
The opinion of the court was delivered by: DONETTA AMBROSE, District Judge
On January 18, 2005, 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 71.1.3 and 72.1.4 of the Local Rules for
The magistrate judge's report and recommendation, filed on
December 2, 2005, recommended that the Rule 12 (b) (1) motion to
dismiss for lack of subject matter jurisdiction filed by
Defendants be granted. The parties were allowed ten (10) days
from the date of service to file objections. Service was made on
all parties. Objections to the report and recommendation were
filed by Plaintiff on December 16, 2005. After de novo review of
the pleadings and documents in the case, together with the report
and recommendation and objections thereto, the following order is
entered: AND NOW, this 29th day of December, 2005;
IT IS HEREBY ORDERED that the Rule 12 (b) (1) motion to dismiss
for lack of subject matter jurisdiction filed by Defendants is
IT IS FURTHER ORDERED that the Motion to Expedite and the
Motion to Confirm Arbitration Award filed by Defendants (Document
No. 9) are dismissed as moot.
The report and recommendation of Magistrate Judge Sensenich,
dated December 2, 2005, is adopted as the opinion of the court.
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