Estate of Raymond J. Guziewicz et al v. Magnotta

Filing 47

ORDER ADOPTING IN PART and REJECTING IN PART REPORT AND RECOMMENDATIONS ; Defendant's Motion to Dismiss Counts III, IV, and V of Plaintiffs' Complaint is DENIED. Defendant's Motion to Dismiss Count VI of Plaintiffs' Complaint is GRANTED. The claims in Count VI are DISMISSED with prejudice. The matter is RECOMMITTED to Magistrate Judge Saporito for further proceedings. Signed by Honorable A. Richard Caputo on 9/30/16. (jam)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ESTATE OF RAYMOND J. GUZIEWICZ and STEVEN J. GUZIEWICZ, Individually and as the Administrator of the Estate of Raymond J. Guziewicz, CIVIL ACTION NO. 3:14-cv-01742 (JUDGE CAPUTO) (MAGISTRATE JUDGE SAPORITO) Plaintiffs, v. RENEE P. MAGNOTTA,, Defendant. ORDER NOW, this 30th day of September, 2016, IT IS HEREBY ORDERED that: (1) The Report and Recommendation (Doc. 35) is ADOPTED IN PART and REJECTED IN PART. (2) Defendant’s Motion to Dismiss Counts III, IV, and V of Plaintiffs’ Complaint is DENIED. (3) Defendant’s Motion to Dismiss Count VI of Plaintiffs’ Complaint is GRANTED. The claims in Count VI are DISMISSED with prejudice. (4) The matter is RECOMMITTED to Magistrate Judge Saporito for further proceedings. /s/ A. Richard Caputo A. Richard Caputo United States District Judge

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