ALTMIRE et al v. BABCOCK & WILCOX POWER GENERATION GROUP et al

Filing 145

ORDER construing 121 Objections to the April 4, 2012 Order of Magistrate Judge Mitchell Denying Plaintiffs' Motion to Determine Standards and Procedures for Adjudication of the Sufficiency of Plaintiffs' Prima Facie Materials and 123 O bjections to the April 4, 2012 Order of Magistrate Judge Mitchell Denying Plaintiffs' Motion to Consolidate for Adjudication of the Sufficiency of Plaintiffs' Prima Facie Materials as appeals of both 119 ORDER and text-only order entered 4/4/2012, overruling same, affirming said orders and referring instant case back to the Magistrate Judge for further proceedings. Signed by Chief Judge Gary L. Lancaster on 5/22/12. (map)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PATRICK ALTMIRE, ET AL.,
Plaintiffs,

)
)
)
)
)
)
)
)
)

v.
BABCOCK & WILCOX POWER
GENERATION GROUP, INC.,
ET AL.,
Defendants.

Civil Action No. 10-908

ORDER
Plaintiffs
Objections

to

have

the

filed

April

4,

documents
2012 Order

entitled
of

"Plaintiffs'

Magistrate

Judge

Mitchell Denying Plaintiffs' Motion to Determine Standards and
Procedures for Adjudication of the Sufficiency of Plaintiffs'
Prima

Facie

Objections
Mitchell

to

Materials"
the

Denying

Adjudication

of

April

[document
4,

2012 Order

Plaintiffs'

the

#121]

Sufficiency

Motion
of

of
to

and

"Plaintiffs'

Magistrate
Consolidate

Plaintiffs'

Prima

Judge
for
Facie

Materials" [document #123], which the Court will construe as
appeals of both the non-dispositive order [document #119] and
text-only order entered April 4, 2012.

Upon a review of the

matters raised by the appeals, the Court concludes that the
orders appealed from are neither clearly erroneous nor contrary
to law.

Fed.R.Civ.P. 72.