DOMINION RETAIL, INC. v. ROGERS et al

Filing 47

MEMORANDUM ORDER adopting Report and Recommendations 43 , and granting Plaintiff's Motion (Doc. 38 ) to Dismiss Count III of Defendants' Counterclaim. Signed by Judge Cathy Bissoon on 6/25/12. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DOMINION RETAIL, INC.,
Plaintiff,
v.
TIM ROGERS, et al.,
Defendants.

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Civil Action No. 11-233
Judge Cathy Bissoon
Magistrate Judge Cynthia Reed Eddy

MEMORANDUM ORDER
On October 27, 2011, this case was referred to United States Magistrate Judge
Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C.
§§ 636(b)(l)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates.
On May 22, 2012, the Magistrate Judge issued a Report (Doc. 43) recommending that
Plaintiff’s Motion (Doc. 38) to Dismiss Count III of Defendants’ Counterclaim (Doc. 33)
be granted. Service of the Report and Recommendation was made on the parties,
and Defendants filed Objections on June 5, 2012. See Doc. 45.
Defendants’ Objections are OVERRULED because the arguments stated therein were
rejected, either expressly or by implication, in the Magistrate Judge’s Report, which hereby is
adopted as the opinion of the District Court.1 Thus, after a de novo review of the pleadings and
documents in the case, together with the Report and Recommendation and the Objections

As the Magistrate Judge correctly observed, Defendants have neither moved for, nor been
granted, leave to amend Count III of their Counterclaim. See R&R at 11 & n.4. Even had
Defendants filed such a motion, Plaintiff has identified substantial grounds for opposing
additional amendment. See Doc. 42 at 3 n.1 and Doc. 46 at 8-9 & n.2.
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thereto, the District Court hereby ORDERS that Plaintiff’s Motion (Doc. 38) to Dismiss
Count III of Defendants’ Counterclaim is GRANTED.

June 25, 2012

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All Counsel of Record

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