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Cummings v. Garcia

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


June 24, 2010

DAWN CUMMINGS, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF WALTER CUMMINGS, CONSOLIDATED PLAINTIFF
v.
DANIEL GARCIA, ET AL., CONSOLIDATED DEFENDANTS
DAWN CUMMINGS, ET AL., THIRD-PARTY PLAINTIFFS
v.
ROGER'S TOWING, INC. THIRD-PARTY DEFENDANT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 24th day of June, 2010, upon consideration of the report of the magistrate judge (Doc. 75) recommending that the motion for summary judgment (Doc. 37) filed by third-party defendant Roger's Towing ("Roger's Towing") be granted, and, following an independent review of the record, it appearing that Roger's Towing has shown an absence of evidence in the record on the dispositive issues of negligence and causation, and it appearing that no party has objected to the findings of the magistrate judge's report and recommendation, 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 of the magistrate judge (Doc. 75) is ADOPTED.

2. Third-party defendant's motion for summary judgment (Doc. 37) is GRANTED.

3. The Clerk of Court is directed to enter JUDGMENT in favor of third-party defendant and against third-party plaintiff on all claims.


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