Power Gourmet Concepts, Inc. et al v. Irwin & McKnight et al

Filing 28

ORDER ADOPTING REPORT of the Magistrate Judge 24 , DENYING defts' MSJ 15 & noting matter shall be scheduled for trial by future order of court. (See order for complete details.) Signed by Honorable Christopher C. Conner on 12/13/10. (ki)

Power Gourmet Concepts, Inc. et al v. Irwin & McKnight et al

Doc. 28

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

POWER GOURMET CONCEPTS, INC. and MORE THEN GOURMET, INC., Plaintiffs v. IRWIN & MCKNIGHT and DOUGLAS MILLER, Defendants

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CIVIL ACTION NO. 1:09-CV-1199 (Judge Conner)

ORDER AND NOW, this 13th day of December, 2010, upon consideration of the report of United States Magistrate Judge Thomas M. Blewitt (Doc. 24), recommending that defendants' motion for summary judgment (Doc. 15) be denied, and, following an independent review of the record and noting that defendants filed objections1 to the report on October 15, 2010 (Doc. 25), and the court finding Judge Blewitt's analysis to be thorough and well-reasoned, and the court finding defendants' objections to be

Where objections to a magistrate judge's report and recommendation are filed, the court must perform a de novo review of the contested portions of the report. Supinski v. United Parcel Serv., Civ. A. No. 06-0793, 2009 WL 113796, at *3 (M.D. Pa. Jan. 16, 2009) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir. 1989); 28 U.S.C. § 636(b)(1)(c)). "In this regard, Local Rule of Court 72.3 requires `written objections which . . . specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for those objections.'" Id. (citing Shields v. Astrue, Civ. A. No. 07-417, 2008 WL 4186951, at *6 (M.D. Pa. Sept. 8, 2008)).

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without merit and squarely addressed by Judge Blewitt's report (Doc. 24), it is hereby ORDERED that: 1. The report of Magistrate Judge Blewitt (Doc. 24) is ADOPTED in its entirety. Defendants' motion for summary judgment (Doc. 15) is DENIED. This matter shall be scheduled for trial by future order of the court.

2. 3.

S/ Christopher C. Conner CHRISTOPHER C. CONNER United States District Judge