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Stull v. Commonwealth

United States District Court, M.D. Pennsylvania

November 21, 2014

JOHN E. STULL and FOREIGN CARS R U.S. PLUS, Plaintiffs,
v.
THE COMMONWEALTH OF PENNSYLVANIA and DEPARTMENT OF STATE, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 21st day of November, 2014, upon consideration of the report (Doc. 17) of Magistrate Judge Susan E. Schwab, recommending the court deny the plaintiffs' motion (Doc. 3) for class certification and dismiss plaintiff Foreign Cars R Us Plus ("Foreign Cars") because Foreign Cars is a fictitious entity which cannot represent itself in this matter, and following an independent review of the record, the court in agreement that plaintiffs have failed to satisfy the class action pleading requirements set forth in the Federal Rules of Civil Procedure and Local Rules of Court, see FED. R. CIV. P. 23; LOCAL RULE OF COURT 23.1-23.2, and that Foreign Cars must be dismissed as a plaintiff for failure to obtain counsel, see Rhino Assocs., L.P. v. Berg. Mfg. & Sales Corp., 531 F.Supp.2d 652, 656 (M.D. Pa. 2007) (Conner, C.J.) (citing Simbraw, Inc. v. United States, 367 F.2d 373, 373 (3d Cir. 1966) ( per curiam )), and it appearing that neither party has objected to the report, and that there is no clear error on the face of the record, [1] see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that the failure to timely object "may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report (Doc. 17) of Magistrate Judge Susan E. Schwab is ADOPTED in its entirety.
2. Plaintiffs' motion (Doc. 3) for class certification is DENIED.
3. Plaintiff Foreign Cars R Us Plus is DISMISSED for failure to obtain counsel.
4. This case is REMANDED to Magistrate Judge Schwab for further proceedings.

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