WALNEY v. SWEPI LP et al

Filing 286

MEMORANDUM ORDER: AND NOW, this 27th day of March, 2020; IT IS HEREBY ORDERED that the Defendants' motion for sanctions, as set forth in its Motion for Approval of Class Decertification Notice and for Certain Other Relief, ECF No. 259 , is D ENIED. IT IS FURTHER ORDERED that the Plaintiffs' Motion for Sanctions, ECF No. 262 , is DENIED. IT IS FURTHER ORDERED that the report and recommendation of Magistrate Judge Lanzillo, issued on February 11, 2020, ECF No. 285 , is adopted as the opinion of the Court. Signed by Judge Susan Paradise Baxter on 03/27/2020. (esa)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THOMAS J. WALNEY, et al.,
Plaintiffs,
v.
SWEPI, LP, et al.,
Defendants.

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Case No. 1:13-cv-102

MEMORANDUM ORDER
Pending before the Court are Defendants’ motions for sanctions against Attorney Joseph
E. Altomare, ECF No. 259, and Plaintiffs’ cross-motion for sanctions against Defendants, ECF
No. 262. These motions were referred to United States Magistrate Judge Richard A. Lanzillo on
October 24, 2019 for Report and Recommendation in accordance with the Magistrates Act, 28
U.S.C. § 636(b)(1), and Rule 72 of the Local Civil Rules of this Court. ECF No. 266.
On February 11, 2020, Judge Lanzillo issued an R&R recommending that both motions
for sanctions be denied. ECF No. 285.
Objections to the R&R were due no later than February 25, 2020. To date, no objections
have been filed.
After de novo review of the parties’ cross-motions for sanctions and all filings related
thereto, together with the Magistrate Judge’s report and recommendation, the following order is
entered:

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AND NOW, this 27th day of March, 2020;
IT IS HEREBY ORDERED that the Defendants’ motion for sanctions, as set forth in its
Motion for Approval of Class Decertification Notice and for Certain Other Relief, ECF No.
[259], is DENIED.
IT IS FURTHER ORDERED that the Plaintiffs’ Motion for Sanctions, ECF No. [262], is
DENIED.
IT IS FURTHER ORDERED that the report and recommendation of Magistrate Judge
Lanzillo, issued on February 11, 2020, ECF No. [285], is adopted as the opinion of the Court.

_________________________________
SUSAN PARADISE BAXTER
United States District Judge
cm:
Counsel of record
(via CM/ECF)
United States Magistrate Judge Richard A. Lanzillo
(via CM/ECF)

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