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Susquehanna Commercial Finance, Inc. v. Vascular Resources

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


January 6, 2010

SUSQUEHANNA COMMERCIAL FINANCE, INC., PLAINTIFF
v.
VASCULAR RESOURCES, INC., DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 6th day of January, 2010, upon consideration of the report (Doc. 23) of the magistrate judge, recommending that plaintiff's motion (Doc. 7) for preliminary injunction be denied without prejudice, and that defendant's motion (Doc. 6) to dismiss be denied without prejudice, and, following an independent review of the record, it appearing that plaintiff has not demonstrated that it has a reasonable probability of success on the merits or that it cannot be adequately compensated for the alleged breach of contract by money damages, (see Doc. 23 at 14-16), that defendant's motion (Doc. 6) to dismiss relies upon factual arguments outside the four corners of the complaint, (see Doc. 23 at 26), and that plaintiff filed an amended complaint on December 30, 2009, which supersedes the original pleading, see Snyder v. Pascack Valley Hosp., 303 F.3d 271, 276 (3d Cir. 2002) (recognizing that an "amended complaint supercedes the original version"), and it further appearing that neither party has objected to the magistrate judge's recommendations, and that there is no clear error on the face of the record,*fn1 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 and recommendation (Doc. 23) of the magistrate judge is ADOPTED.

2. The motion (Doc. 6) to dismiss is DENIED.

3. The motion (Doc. 7) for preliminary injunction is DENIED.

4. The above-captioned case is REMANDED to the magistrate judge for further proceedings.

CHRISTOPHER C. CONNER United States District Judge


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