Janis, Jr. et al v. A.W. Chesterton, Inc. et al

Filing 140

ORDER ADOPTING 136 REPORT AND RECOMMENDATION; GRANTING 107 Motion for Summary Judgment; GRANTING 109 Motion for Summary Judgment; GRANTING 111 Motion for Summary Judgment; GRANTING 113 Motion for Summary Judgment; GRANTING 114 Motion for Summary Judgment. Signed by Judge Maryellen Noreika on 2/1/2019. (dlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EARL JANIS, JR. and TONI JANIS,
Plaintiffs,
v.
A.W. CHESTERTON, INC., et al.
Defendants.

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C.A. No. 17-167 (MN) (SRF)

ORDER ADOPTING REPORT AND RECOMMENDATION

WHEREAS, on January 17, 2019, Magistrate Judge Fallon issued a Report and
Recommendation (D.I. 136) in this action, recommending that the Court grant the unopposed
motions for summary judgment of Defendants DAP, Inc., CBS Corporation, Certainteed
Corporation, Union Carbide Corporation, and Armstrong International, Inc.;
WHEREAS, no party filed objections to the Report and Recommendation pursuant
to Federal Rule of Civil Procedure 72(b)(2) in the prescribed period, and the Court finding no clear
error on the face of the record;
THEREFORE, IT IS HEREBY ORDERED this 1st day of February 2019 that the
Report and Recommendation is ADOPTED.
Defendant DAP, Inc.'s Motion for Summary Judgment (D.I. 107) is GRANTED.
Defendant CBS Corporation's Motion for Summary Judgment (D.I. 109) is
GRANTED.
Defendant Certainteed Corporation Motion for Summary Judgment (D.I. 111) is
GRANTED.
Defendant Union Carbide Corporation's Motion for Summary Judgment (D.I. 113)
is GRANTED.

Defendant Armstrong International Inc.'s Motion for Summary Judgment
(D.I. 114) is GRANTED.
The Clerk of Court is HEREBY DIRECTED to enter Judgment in favor of
Defendants DAP, Inc., CBS Corporation, Certainteed Corporation, Union Carbide Corporation,
and Armstrong International, Inc. and against Plaintiffs Earl Janis, Jr. and Toni Janis.

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