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William D. Chancellor and Mary K.Chancellor v. Donald J. Baker

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


May 25, 2011

WILLIAM D. CHANCELLOR AND MARY K.CHANCELLOR, PLAINTIFFS
v.
DONALD J. BAKER, M.D. AND BESTPRACTICES, INC., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 25th day of May, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge William T. Prince (Doc. 28), recommending that defendants' motion for summary judgment (Doc. 18) be denied, and, following an independent review of the record, it appearing that neither party has objected to 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 and recommendation of Magistrate Judge Prince (Doc. 28) are ADOPTED.

2. The existence of several disputed issues of material fact precludes summary judgment, therefore, defendants' motion for summary judgment (Doc. 18) is DENIED.

CHRISTOPHER C. CONNER United States District Judge


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