Rynone Manufacturing Corp. v. Sulzbach

Filing 22

ORDER: Adopting Report and Recommendation 21 ; granting in part and denying in part 14 Motion to Dismiss for Failure to State a Claim; dismissing Counts II and III of the Amended Complaint 7 ; REMANDING the action to Magistrate Judge Carlson for further proceedings. Signed by Honorable Matthew W. Brann on 1/31/14. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RYNONE MANUFACTURING
CORP.,
Plaintiff,
v.
SCOTT SULZBACH,
Defendant.

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Civil Action No. 4:13-CV-0671
(Judge Brann)

(Magistrate Judge Carlson)

ORDER
January 31, 2014
Plaintiff, Rynone Manufacturing Corp., filed a complaint against defendant,
Scott Sulzbach, a former employee of Plaintiff, on March 14, 2013. Plaintiff filed
a three-count amended complaint on April 23, 2013. ECF No. 7. Defendant filed a
Motion to Dismiss on May 7, 2013. ECF No. 14
In its brief opposing the Motion to Dismiss, Plaintiff indicated that it was
voluntarily withdrawing Counts II and III of the amended complaint. Accordingly,
those counts are dismissed.
Chief Magistrate Judge Martin C. Carlson wrote a Report and
Recommendation on September 27, 2013 recommending that the Motion to
Dismiss be denied. ECF No. 21. Neither party filed objections to the Report and
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Recommendation, and the time to object has since passed.
Because this Court agrees with Chief Magistrate Judge Carlson’s
recommendation that the Motion to Dismiss be denied, the Court will not rehash
the sound reasoning of the Chief Magistrate Judge and will adopt the Report and
Recommendation in its entirety
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1.

Defendant’s Motion to Dismiss is DENIED in part and GRANTED in
part. May 7, 2013, ECF No. 14.

2.

Counts II and III of the Amended Complaint are DISMISSED. April
23, 2013, ECF No. 7.

3.

Magistrate Judge Martin C. Carlson’s Report and Recommendation is
ADOPTED in full. September 27, 2013, ECF No. 21.

4.

The action is remanded to Magistrate Judge Martin C. Carlson for
further proceedings.

BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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