Gammino v. American Telephone and Telegraph Company et al

Filing 49

ORDER ADOPTING REPORT AND RECOMMENDATION: finding as moot 21 Motion to Dismiss; adopting 44 Report and Recommendation. Signed by Judge Leonard P. Stark on 12/17/12. (ntl)

l
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOHN R. GAMMINO,
Plaintiff,
Civil Action No. 12-666-LPS-SRF

v.
AMERICAN TELEPHONE &
TELEGRAPH COMPANY, ET AL.,
Defendants.

ORDER
WHEREAS, Magistrate Judge Fallon issued a Report and Recommendation (D.I. 44) on
November 15, 2012;
WHEREAS, the Report and Recommendation recommends that the Court enter an Order

l

stating that: (1) AT&T's motion to dismiss Count II of the complaint (D.I. 21) is moot in light of
Gammino's Notice ofVoluntary Dismissal, and (2) the dismissal of Count II is with prejudice
pursuant to Federal Rule of Civil Procedure 41(a)(1)(B).
WHEREAS, any Objections to the Report and Recommendation (D.I. 44) were to be filed
by December 3, 2012;
WHEREAS, neither party has filed an Objection to the Report and Recommendation;
WHEREAS, the Court concludes that the Report and Recommendation should be
adopted for the reasons stated by Magistrate Judge Fallon;
NOW THEREFORE, IT IS HEREBY ORDERED that the Report and Recommendation
(D.I. 44) is ADOPTED; and
(1) AT&T's motion to dismiss Count II ofthe complaint (D.I. 21) is moot in light of
Gammino's Notice of Voluntary Dismissal, and (2) the dismissal of Count II is with prejudice

pursuant to Federal Rule of Civil Procedure 41(a)(l)(B) .

.ft..
Dated: DecembeJ], 2012
UNITED STATES DIST

2