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Crowder v. Emerson Electric Co.

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


November 24, 2010

WESLEY J. CROWDER AND DELICIA CROWDER, HUSBAND AND WIFE, PLAINTIFFS
v.
EMERSON ELECTRIC COMPANY AND RIDGE TOOL COMPANY, DEFENDANTS
v.
CREST PRODUCTS, INC., CREST PRODUCTS, LLC, AND ILLINOIS TOOL WORKS, THIRD-PARTY DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 24th day of November, 2010, upon consideration of the report of United States Magistrate Judge William T. Prince (Doc. 50), recommending that third- party defendant's motion to dismiss (Doc. 40) be denied, and, following an independent review of the record and noting that third-party defendant Illinois Tool Works, Inc., ITW Powertrain Fastening Division filed objections*fn1 to the report on October 28, 2010 (Doc. 51), and the court finding Judge Prince's analysis to be thorough and well- reasoned, and the court finding third-party defendant's objections to be without merit and squarely addressed by Judge Prince's report, it is hereby ORDERED that:

1. The report of Magistrate Judge Prince (Doc. 50) DENYING third-party defendant's motion to dismiss is ADOPTED.

2. The motion of Third-Party Defendant Illinois Tool Works, Inc., ITW Powertrain Fastening Division (Doc. 40) is HEREBY DENIED.

3. Counsel for the parties are DIRECTED to meet and confer on a pretrial schedule and to submit the same to the court on or before December 6, 2010.

CHRISTOPHER C. CONNER United States District Judge


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