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Dominion Retail, Inc v. Tim Rogers

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


June 25, 2012

DOMINION RETAIL, INC., PLAINTIFF,
v.
TIM ROGERS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Judge Cathy Bissoon

Magistrate Judge Cynthia Reed Eddy

MEMORANDUM ORDER

On October 27, 2011, this case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates.

On May 22, 2012, the Magistrate Judge issued a Report (Doc. 43) recommending that Plaintiff's Motion (Doc. 38) to Dismiss Count III of Defendants' Counterclaim (Doc. 33) be granted. Service of the Report and Recommendation was made on the parties, and Defendants filed Objections on June 5, 2012. See Doc. 45.

Defendants' Objections are OVERRULED because the arguments stated therein were rejected, either expressly or by implication, in the Magistrate Judge's Report, which hereby is adopted as the opinion of the District Court.*fn1 Thus, after a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the District Court hereby ORDERS that Plaintiff's Motion (Doc. 38) to Dismiss Count III of Defendants' Counterclaim is GRANTED.

Cathy Bissoon United States District Judge

cc (via ECF email notification): All Counsel of Record


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