MCASSEY v. DISCOVERY MACHINE INC. et al

Filing 75

ORDER ADOPTING REPORT AND RECOMMENDATIONS- IT IS ORDERED THAT: 1. The Court ADOPTS the Report and Recommendation of Magistrate Judge Carlson 67 ; 2. Defendants motion to dismiss 62 , is GRANTED IN PART and DENIED IN PART;3. All claims asserted agai nst Defendant Vanessa Chapla are DISMISSED WITH PREJUDICE, and the Clerk is directed to TERMINATE Defendant Chapla from the caption of the above-captioned action; and 4. The above-captioned action is recommitted to Magistrate Judge Carlson for further pretrial management. Signed by Honorable Yvette Kane on 8/21/18. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JAMES MCASSEY,
Plaintiff
v.
DISCOVERY MACHINE, INC., et al.,
Defendants

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No. 4:16-cv-00705
(Judge Kane)
(Magistrate Judge Carlson)

ORDER
Before the Court is the January 12, 2018 Report and Recommendation of Magistrate Judge
Carlson (Doc. No. 67), in which he recommends that the Court grant in part and deny in part
Defendants’ motion to dismiss the amended complaint (Doc. No. 62). No timely objections have
been filed. ACCORDINGLY, on this 21st day of August 2018, upon independent review of the
record and the applicable law, IT IS ORDERED THAT:
1. The Court ADOPTS the Report and Recommendation of Magistrate Judge
Carlson (Doc. No. 67);
2. Defendants’ motion to dismiss (Doc. No. 62), is GRANTED IN PART and
DENIED IN PART;
3. All claims asserted against Defendant Vanessa Chapla are DISMISSED WITH
PREJUDICE, and the Clerk is directed to TERMINATE Defendant Chapla
from the caption of the above-captioned action; and
4. The above-captioned action is recommitted to Magistrate Judge Carlson for
further pretrial management.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania