WEINSTEIN v. SEBELIUS

Filing 20

ORDER THAT THE REPORT AND RECOMMENDATION 18 IS APPROVED AND ADOPTED; PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 12 IS DENIED; DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 13 IS GRANTED; JUDGMENT IS ENTERED FOR DEFENDANT; THE CLERK SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/21/13. 3/22/13 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EDITH WEINSTEIN,
Executrix of the Estate of Irwin
Weinstein, deceased,
Plaintiff,

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v.
KATHLEEN SEBELIUS,
Secretary of the United States,
Dept. of Health and Human Services
Defendant.

Civ. No. 12-154

ORDER
AND NOW, this 21st day of March, 2013, upon careful and independent consideration of
the instant motions, and after review of Magistrate Judge Rice’s Report and Recommendation, to
which no objections have been filed, it is hereby ORDERED as follows:
1. The Report and Recommendation (Doc. No. 18) is APPROVED and ADOPTED;
2. Plaintiff’s Motion for Summary Judgment (Doc. No. 12) is DENIED;
3. Defendant’s Motion for Summary Judgment (Doc. No. 13) is GRANTED;
4.

Judgment is entered for Defendant;

5. The Clerk shall mark this case CLOSED for statistical purposes.

AND IT IS SO ORDERED.

/s/ Paul S. Diamond
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Paul S. Diamond, J.