GAY v. SOLID WASTE SERVICES, INC.

Filing 24

ORDER THAT THE REPORT AND RECOMMENDATION IS HEREBY APPROVED AND ADOPTED. DEFENDANT'S MOTION TO DISMISS (12-5630, NO. 8) IS HEREBY DENIED. DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S ANSWER (12-5630, NO. 10) IS HEREBY DENIED. PLAINTIFF'S MOTION TO EXTEND TIME FOR ANSWER (12-5630, NO. 11) IS HEREBY GRANTED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/25/2013. 3/26/2013 ENTERED AND COPIES E-MAILED.(sg)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LAVAR DAVIS, Plaintiff, v. SOLID WASTE SERVICES, INC., t/d/b/a J.P. MASCARO & SONS, Defendant. BENJAMIN GAY, Plaintiff, v. SOLID WASTE SERVICES, INC., t/d/b/a J.P. MASCARO & SONS, Defendant. THOMAS BRUCE JOHNSON, Plaintiff, v. SOLID WASTE SERVICES, INC., t/d/b/a J.P. MASCARO & SONS, Defendant. : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : CIVIL ACTION NO. 12-5628 CIVIL ACTION NO. 12-5629 CIVIL ACTION NO. 12-5630 O R D E R AND NOW, this 25th day of March, 2013, after review of the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter (ECF No. 28) addressing several of Defendant’s motions as to Plaintiff Johnson’s Complaint (No. 12-5630, ECF No. 1),1 it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and 2. Defendant’s Motion to Dismiss (No. 12-5630, ECF ADOPTED; No. 8) is DENIED; 3. Defendant’s Motion to Strike Plaintiff’s Answer (No. 12-5630, ECF No. 10) is DENIED; and 4. Plaintiff’s Motion to Extend Time for Answer (No. 12-5630, ECF No. 11) is GRANTED. AND IT IS SO ORDERED. /s/ Eduardo C. Robreno EDUARDO C. ROBRENO, J. 1 The Court undertakes a de novo review of the portions of the Report and Recommendation to which a party has objected. See 28 U.S.C. § 636(b)(1) (2012); Cont’l Cas. Co. v. Dominick D’Andrea, Inc., 150 F.3d 245, 250 (3d Cir. 1998). The Court “may accept, reject or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). But in this instance, neither party submitted objections to Magistrate Judge Rueter’s Report and Recommendation. 2

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