Shipman et al v. Gelso et al

Filing 26

ORDER re 25 Memorandum (Order to follow as separate docket entry), Memorandum (Order to follow as separate docket entry), ORDER REFERRING CASE to Magistrate Judge J. Andrew Smyser; IT IS HEREBY ORDERED that:(1)The Report and Recommendation (Doc. 22 ) is ADOPTED;(2)The Gelso Defendants Motion to Dismiss is GRANTED as to the Plaintiffs Negligence claim; (3)The Gelso Defendants Motion to Dismiss is DENIED in all other respects; and(4)This matter is RECOMMITTED to the Magistrate Judge.Signed by Honorable A. Richard Caputo on 6/5/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DENNIS SHIPMAN, et al.,
CIVIL ACTION NO. 3:11-CV-1162

Plaintiffs,
v.

(JUDGE CAPUTO)
ALDO GELSO, et al.,
(MAGISTRATE JUDGE SMYSER)
Defendants.

ORDER
NOW this 5th day of June, 2012, upon review of the Report and Recommendation of
Magistrate Judge J. Andrew Smyser (Doc. 22) for plain error or manifest injustice, IT IS
HEREBY ORDERED that:
(1)

The Report and Recommendation (Doc. 22) is ADOPTED;

(2)

The Gelso Defendants’ Motion to Dismiss is GRANTED as to the Plaintiffs’
Negligence claim;

(3)

The Gelso Defendants’ Motion to Dismiss is DENIED in all other respects; and

(4)

This matter is RECOMMITTED to the Magistrate Judge.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge