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Lewis Speese, Maryanne Speese and John v. Todd E. Forney and Eric B. Beyer

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


September 12, 2012

LEWIS SPEESE, MARYANNE SPEESE AND JOHN SPEESE, PLAINTIFFS
v.
TODD E. FORNEY AND ERIC B. BEYER, DEFENDANTS

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

ORDER

AND NOW, this 12th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Mildred E. Methvin (Doc. 36), recommending that Defendant Beyer's motion for summary judgment 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. 36) are ADOPTED.

2. Defendant Beyer's motion for summary judgment (Doc. 18) is DENIED.

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

CHRISTOPHER C. CONNER United States District Judge


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