Commonwealth of Pennsylvania, Pennsylvania Game Commission v. Thomas E. Proctor Heirs Trust
Filing
28
ORDER ADOPTING REPORT of Magistrate Judge Schwab 24 in its entirety, GRANTING deft's motion to dismiss 14 to extent it seeks dismissal of pltf's claim to quiet title pursuant to PaRCP 1061(b)(2), DISMissing pltf's claim pursuant to PaRCP 1061(b)(2) with prejudice, motion 14 DENIED in all other respects, & REMANDING case to Magistrate Judge Schwab for pretrial management. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/24/14. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
COMMONWEALTH OF
PENNSYLVANIA, PENNSYLVANIA
GAME COMMISSION,
Plaintiff
v.
THOMAS E. PROCTOR HEIRS
TRUST,
Defendant
:
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:
:
:
:
:
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:
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CIVIL ACTION NO. 1:12-CV-1567
(Chief Judge Conner)
ORDER
AND NOW, this 24th day of July, 2014, upon consideration of the report (Doc. 24)
of Magistrate Judge Susan E. Schwab, recommending the court grant in part and deny
in part defendant’s motion (Doc. 14) to dismiss for failure to state a claim or, in the
alternative, for a more definite statement, and, after an independent review of the
record, and noting that defendant filed objections1 (Doc. 25) to the report on April 24,
2014, and that plaintiff filed a response (Doc. 27) to defendant’s objections on May 7,
2014, and the court finding Judge Schwab’s analysis to be thorough, well reasoned, and
fully supported by the record, and the court further finding defendant’s objections to be
1
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., 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, No. 07-417, 2008 WL 4186951, at *6 (M.D.
Pa. Sept. 8, 2008)).
without merit2 and squarely addressed by Judge Schwab’s report, it is hereby
ORDERED that:
1.
The report (Doc. 24) of Magistrate Judge Schwab is ADOPTED in its
entirety.
2.
Defendant’s motion (Doc. 14) is GRANTED to the extent it seeks dismissal
of plaintiff’s claim to quiet title pursuant to Pennsylvania Rule of Civil
Procedure 1061(b)(2).
3.
Plaintiff’s claim pursuant to Pennsylvania Rule of Civil Procedure 1061(b)(2)
is DISMISSED with prejudice.
4.
The motion is DENIED in all other respects.
5.
This case is REMANDED to Magistrate Judge Schwab for pretrial
management.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
2
Defendant contends that plaintiff has failed to plead sufficient facts to
establish prima facie title to the subsurface mineral rights at issue in this quiet title
action. (See Doc. 25 at 4-5). Defendant attempts to impose a more onerous burden
on plaintiff than Rule 12(b)(6) demands. When considering a motion to dismiss, the
court accepts all factual allegations as true, construes the pleading in a light most
favorable to the non-moving party, and determines “whether, under any reasonable
reading of the complaint, the plaintiff may be entitled to relief.” Gelman v. State
Farm Mutual Auto. Ins., 583 F.3d 187, 190 (3d Cir. 2009) (quoting Phillips v. Cnty. of
Allegheny, 515 F.3d 224, 233 (3d Cir. 2008)); see also Kanter v. Barella, 489 F.3d 170,
177 (3d Cir. 2007) (quoting Evancho v. Fisher, 423 F.3d 347, 350 (3d Cir. 2005)). As
Judge Schwab correctly notes, the facts alleged in plaintiff’s amended complaint, if
accepted as true, establish a plausible claim for relief under both Pennsylvania
Rule of Civil Procedure 1061(b)(3) and 1061(b)(4). (See Doc. 24 at 13-16); see also
Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009) (noting that a complaint that states a
plausible claim for relief will survive a 12(b)(6) motion). Thus, the court will
overrule defendant’s objections and adopt Judge Schwab’s report in its entirety.
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