AND NOW, this 16th day of August, 2010, upon consideration of the report (Doc. 101) of the magistrate judge, recommending (1) that the motion (Doc. 52), filed by third-party defendant SimplexGrinnell, LP ("SimplexGrinnell"), to dismiss the amended third-party complaint brought by Varish Construction, Inc. ("Varish"), be denied, (2) that the motion (Doc. 66), filed by third-party defendant STR Grinnell GP Holding, Inc. ("STR Grinnell"), to dismiss Varish's amended third-party complaint, be denied, (3) that the motion (Doc. 49), filed by SimplexGrinnell, to dismiss the cross-claim brought by E&G Electrical Contractors, L.L.C. ("E&G"), be granted, (4) that the motions (Docs. 83, 87), filed by SimplexGrinnell and STR Grinnell, for partial dismissal of the cross-claim brought by Fritz Fire Protection Co., Inc. ("Fritz"), be granted, (5) that E&G and Fritz be granted leave to file amended crossclaims, and (6) that the above-captioned case be remanded to the magistrate judge, and it appearing that neither party has objected to the magistrate judge's recommendations,*fn1 and, following an independent review of the record, it further appearing 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:
5. The motions (Docs. 83, 87), filed by SimplexGrinnell and STR Grinnell, for partial dismissal of Fritz's cross-claim are GRANTED, without prejudice to Fritz's leave to file an amended cross-claim.