IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
November 23, 2009
PRINCIPAL LIFE INSURANCE COMPANY, PLAINTIFF
MARK DEROSE AND MATTHEW DEROSE, AS TRUSTEES OF THE JOANN DEROSE FAMILY TRUST, DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 23rd day of November, 2009, upon consideration of the report of the magistrate judge (Doc. 37), recommending that the motion (Doc. 21) to dismiss the counterclaims be granted in its entirety and that Counts I-IV of defendants' counterclaim (Doc. 17 at 16-20) be dismissed, and, following an independent review of the record, it appearing that the counterclaims at issue seek declaratory relief, relief under Pennsylvania's bad faith statute, 42 PA. CONS. STAT. § 8371, relief for anticipatory contract repudiation, and relief for breach of the contractual duty of good faith and fair dealing, and that the magistrate judge's report recommends dismissal of each of the counterclaims, and it further appearing that neither party has objected to the magistrate judge's report and recommendation,*fn1 and that there is no clear error on the face of the record,*fn2 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:
1. The report of the magistrate judge (Doc. 37) is ADOPTED.
2. The motion (Doc. 21) to dismiss the counterclaims is GRANTED.
3. Counts I-IV of defendants' counterclaims in the above-captioned action are DISMISSED.
4. The case is REMANDED to the magistrate judge for further proceedings.
CHRISTOPHER C. CONNER United States District Judge