Mulqueen v. Energy Force, LLC et al

Filing 42

ORDER (memorandum filed previously as separate docket entry); ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Blewitt; Overruling objections ; GRANTING dfts' motions to dismiss 13 32 ; Case is REMANDED to MJ Blewitt for further proceedings. S Signed by Honorable James M. Munley on 11/14/13. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WHITNEY MULQUEEN,
Plaintiff
v.

:
No. 3:13cv1138
:
:
(Judge Munley)
:
ENERGY FORCE, LLC,
:
(Magistrate Judge Blewitt)
JAMES LONG, T.S. DUDLEY
:
LAND CO. and DIANE LONG,
:
Defendants
:
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 14th day of November 2013, it is
HEREBY ORDERED as follows:
1.

Plaintiff’s objections to the Report and Recommendation (Doc. 38)
are OVERRULED;

2.

The Report and Recommendation of Magistrate Judge Blewitt (Doc.
37) is ADOPTED;

3.

Defendants’ motions to dismiss counts two, three and six of
plaintiff’s complaint (Docs. 13, 32) are GRANTED;

4.

Counts two, three and six of plaintiff’s complaint are DISMISSED
with PREJUDICE;

5.

Plaintiff’s request in her ad damnum clause that the court institute
criminal proceedings against the defendants is STRICKEN; and

6.

This case is REMANDED to Magistrate Judge Blewitt for further
proceedings.

BY THE COURT:

s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court

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