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Masciantonio v. Swepi LP

United States District Court, M.D. Pennsylvania

September 9, 2014

JANICE E. MASCIANTONIO, et al., Plaintiffs
v.
SWEPI LP, Defendant

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 9th day of September, 2014, upon consideration of the report (Doc. 31) of Magistrate Judge Karoline Mehalchick (Doc. 20), recommending the court deny the motion (Doc. 6) to dismiss filed by defendant SWEPI LP ("SWEPI"), seeking dismissal of the complaint (Doc. 1) filed by plaintiffs Janet E. Masciantonio, Martin J. Masciantonio, Paul R. Latshaw, and Paul B. Latshaw (collectively, "plaintiffs"), for failure to state a claim for which relief can be granted, wherein Judge Mehalchick concludes that the oil and gas lease agreements entered into between plaintiffs and SWEPI are susceptible to multiple, reasonable interpretations and thus ambiguous, (see Doc. 31 at 26), and, after an independent review of the record, the court noting that SWEPI filed objections[1] (Doc. 32) to the Magistrate Judge's report, and a brief (Doc. 33) in support of its objections, on August 7, 2014, and the court finding Judge Mehalchick's analysis to be thorough, well-reasoned, and fully supported by the record, and the court further finding defendants' objections to be without merit and squarely addressed by Judge Mehalchick's report, [2] it is hereby ORDERED that:

1. The report (Doc. 61) of Magistrate Judge Mehalchick is ADOPTED.
2. Defendants' motion (Doc. 6) to dismiss plaintiffs' complaint is DENIED.
3. An order setting this matter for a case management conference shall issue forthwith.

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