Lehman et al v. Diamond Development Co. et al

Filing 53

ORDER - IT IS HEREBY ORDERED that 1)The R&R 47 is ADTOPED. 2)The 41 Motion for Summary Judgment filed by Bottling Group LLC d/b/a Pepsi Bottling Group is GRANTED; 3)Dfts's cross claim against Dfts Diamond Developement, Patricia Guarna and Vi ncent Guarna is DISMISSED WITH PREJUDICE; 4)Pltfs clms agains Dft Bottling Group are DISMISSED with prejudice and Dft Bottling Group is terminated. 5)The Clerk of Court shall DEFER entering judgment until all claims have been adjudicated. Signed by Chief Judge Yvette Kane on Jan. 19, 2012. SEE ORDER for details. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KATHY LEHMAN & WILLIAM
LEHMAN,
Plaintiffs
v.
DIAMOND DEVELOPMENT CO., INC.,
et al.,
Defendants

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Civil Action No. 4:10-cv-00197
(Chief Judge Kane)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Presently pending before the Court is Magistrate Judge Methvin’s Report and
Recommendation. (Doc. No. 47.) In the report, Judge Methvin recommends that Defendant
Bottling Group, LLC’s motion for summary judgment (Doc. No. 41) be granted and that its
cross-claim against Defendants Diamond Development Co., Inc., Patricia Guarna, and Vincent
Guarna be dismissed (Doc. No. 23). No timely objections have been filed.
ACCORDINGLY, on this 19th day of January 2012, upon review of the record and the
applicable law, IT IS HEREBY ORDERED THAT:
1.

The Report and Recommendation (Doc. No. 47) is ADOPTED;

2.

Defendant Bottling Group, LLC’s motion for summary judgment (Doc. No. 41) is
GRANTED;

3.

Defendant Bottling Group, LLC’s cross-claim against Defendants Diamond Development
Co., Patricia Guarna, and Vincent Guarna (Doc. No. 23) is DISMISSED WITH
PREJUDICE;

4.

Plaintiffs’ claims against Defendant Bottling Group, LLC are DISMISSED WITH
PREJUDICE, and Defendant Bottling Group, LLC is terminated from the case; and

5.

The Clerk of Court shall defer entering judgment until all claims have been adjudicated.
S/ Yvette Kane
Yvette Kane, Chief Judge
United States District Court
Middle District of Pennsylvania