MILLER et al v. EME HOMER CITY GENERATION, LP et al

Filing 42

ORDER granting 29 Motion to Dismiss for Failure to State a Claim and adopting Report and Recommendations re 38 Report and Recommendations. Signed by Judge Terrence F. McVerry on 11/8/2013. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RICHARD MILLER, JR. and RENEE
MILLER, his wife,
Plaintiffs,

)
)
)
)
vs
)
)
EME HOMER CITY GENERATION, LP, )
et al.,
)
Defendants.
)

Civil Action No. 13-352

ORDER
AND NOW, this 8th day of November, 2013, after the plaintiffs, Richard Miller,
Jr. and Renee Miller, filed an action in the above-captioned case, and after a motion to dismiss
was submitted by defendants Edison International, Inc., Edison Mission Group, Inc., Mission
Energy Holding Co., Edison Mission Operation & Maintenance, Inc. and Edison Mission
Marketing & Trading, Inc., and after a Report and Recommendation was filed by the United
States Magistrate Judge granting the parties a period of time after being served with a copy to file
written objections thereto, upon consideration of the objections filed by the plaintiffs and the
response to those objections filed by the moving defendants, and upon independent review of the
motion and the record, and upon consideration of the Magistrate Judge’s Report and
Recommendation (ECF No. 38), which is adopted as the opinion of this Court,

IT IS ORDERED that the motion to dismiss filed by defendants Edison
International, Inc., Edison Mission Group, Inc., Mission Energy Holding Co., Edison Mission
Operation & Maintenance, Inc. and Edison Mission Marketing & Trading, Inc. (ECF No. 29) is
granted.

s/Terrence F. McVerry
United States District Judge