MULAWKA v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 69

MEMORANDUM ORDER granting 54 Motion to Dismiss the Amended Complaint filed by defendant PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; granting 58 Motion to Dismiss the Amended Complaint filed by defendant MERCER COUNTY PENNSYLVANIA; denying 63 Motion to Dismiss the Amended Complaint filed by defendant SUPERIOR AMBULANCE SERVICE; and adopting the 68 Report and Recommendation of Judge Mitchell as the Opinion of the Court. Signed by Judge David S. Cercone on 1/15/13. (njt)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MARZENA MULA WKA,
Plaintiff,
vs.
COMMONWEAL TH OF PENNSYLVANIA,
et aI.,
Defendants.

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2:11cv1651
Electronic Mail
Judge Cercone
Magistrate Judge Mitchell

MahoRANDUM ORDER
AND NOW, this

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~ay of January, 2013, after the plaintiff, Marzena

Mulawka, filed an action in the above-captioned case, and after motions to dismiss the Amended
Complaint were submitted by three of the defendants, Mercer County, Pennsylvania, the
Pennsylvania Department of Transportation and Superior Ambulance Service, and after a Report
and Recommendation was filed by the United States Magistrate Judge granting the parties a
period oftime after being served with a copy to file written objections thereto, and no objections
having been filed, and upon independent review of the motions and the record, and upon
consideration of the Magistrate Judge's Report and Recommendation (ECF No. 68), which is
adopted as the opinion of this Court,
IT IS ORDERED that the Motion to Dismiss the Amended Complaint filed on
behalf of Defendant Pennsylvania Department of Transportation (ECF No. 54) is GRANTED.
IT IS FURTHER ORDERED that the Motion to Dismiss the Amended Complaint
filed on behalf of Defendant Mercer County, Pennsylvania (ECF No. 58) is GRANTED.

IT IS FURTHER ORDERED that the Motion to Dismiss the Amended Complaint
filed on behalf of Defendant Superior Ambulance Service (ECF No. 63) is DENIED.

David Stewart Cercone
United States District Judge
cc:

Marzena Mulawka
500 Riverside Dr., Unit 268
New York, NY 10027
(Via First Class Mail)
Mary Lynch Friedline, Esquire
Christopher 1. Sinnott, Esquire
Thomas J Sweeney, Esquire
Charles A. Buechel, Jr., Esquire
(Via CMlECF Electronic Mail)

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