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Aaa Life Insurance Company v. Deborah A. Kneavel

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


January 6, 2012

AAA LIFE INSURANCE COMPANY,
PLAINTIFF
v.
DEBORAH A. KNEAVEL, ET AL., DEFENDANTS

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 6th day of January, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Mildred E. Methvin (Doc. 45), recommending that Deborah Kneavel's motion to strike (Doc. 33) be granted and motion for summary judgment (Doc. 25) 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 Methvin (Doc. 45) are ADOPTED.

2. Deborah Kneavel's motion to strike (Doc. 33) Guidetta Alice Kneavel's motion for summary judgment (Doc. 31) is GRANTED. Guidetta Alice Kneavel's motion for summary judgment (Doc. 31) is STRICKEN from the docket as untimely filed.

3. Deborah Kneavel's motion for summary judgment (Doc. 25) is DENIED.

4. A revised pretrial/trial schedule shall issue by separate order.

CHRISTOPHER C. CONNER United States District Judge


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