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Zirkle v. Johnson Controls

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


November 8, 2010

RONALD L. ZIRKLE, PLAINTIFF
v.
JOHNSON CONTROLS, F/K/A YORK INTERNATIONAL, DEFENDANT

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

(Judge Conner)

ORDER

AND NOW, this 8th day of November, 2010, upon consideration of the report of the magistrate judge (Doc. 40), recommending that defendant's motion (Doc. 27) for summary judgment be granted, and, following an independent review of the record, it 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. 40) is ADOPTED.

2. The motion (Doc. 27) for summary judgment is GRANTED.

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

5. The Clerk of Court is instructed to CLOSE this case.


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