Commonwealth of Pennsylvania, Pennsylvania Game Commission v. Thomas E. Proctor Heirs Trust
ORDER: 1. The report 77 of Chief M.J. Schwab is ADOPTED in its entirety.2. Pltfs mtn 67 to dismiss dfts counterclaim or, in the alternative, for a more definite statement or to strike certain paragraphs of said pleading is DENIED.3. The above-captioned matter is REMANDED to Chief M.J. Schwab for further pretrial management. Signed by Chief Judge Christopher C. Conner on 9/26/17. (ma)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
THOMAS E. PROCTOR HEIRS
TRUST and the MARGARET
CIVIL ACTION NO. 1:12-CV-1567
(Chief Judge Conner)
AND NOW, this 26th day of September, 2017, upon consideration of
the report (Doc. 77) of Chief Magistrate Judge Susan E. Schwab, recommending
that the court deny plaintiff’s motion (Doc. 67) to dismiss defendants’ counterclaim
or, in the alternative, for a more definite statement or to strike certain paragraphs
of said pleading, and the court noting that plaintiff filed partial objections (Doc. 78)
to the report, see FED. R. CIV. P. 72(b)(2), and defendants filed a response (Doc. 79)
thereto, and, following a de novo review of the contested portions of the report, see
Behar v. Pa. Dep’t of Transp., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing 28
U.S.C. § 636(b)(1)(C); Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1989)), and
applying a clear error standard of review to the uncontested portions, see Cruz v.
Chater, 990 F. Supp. 375, 376-78 (M.D. Pa. 1999), the court in full agreement with
Judge Schwab’s ratio decidendi, and finding same to be thorough, well-reasoned,
and fully supported by the record and the decisional law identified in the report,
and finding plaintiff’s objections (Doc. 78) to be without merit and squarely
addressed by the report, it is hereby ORDERED that:
The report (Doc. 77) of Chief Magistrate Judge Schwab is ADOPTED
in its entirety.
Plaintiffs’ motion (Doc. 67) to dismiss defendants’ counterclaim or,
in the alternative, for a more definite statement or to strike certain
paragraphs of said pleading is DENIED.
The above-captioned matter is REMANDED to Chief Magistrate Judge
Schwab for further pretrial management.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?