ROMAN v. UNIGROUP WORLDWIDE, INC et al

Filing 49

ORDER denying without prejudice 19 Motion to Dismiss; adopting 32 Report and Recommendation of Magistrate Judge Eddy as the Opinion of the Court. Signed by Chief Judge Joy Flowers Conti on 5/28/2014. (smc )

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GREGG ROMAN, Plaintiff, v. UNIGROUP WORLDWIDE, INC., doing business as UNIGROUP WORLDWIDE UTS, SONIGO I NTERNATIONAL SHIPPING PACKING & MOVING, LTD, BESTGUY MOVING SERVICES, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 13-1748 United States District Judge Joy Flowers Conti United States Magistrate Judge Cynthia Reed Eddy ORDER ADOPTING REPORT AND RECOMMENDATION On December 6, 2013, the above captioned case was filed in this Court and was referred to a Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court for Magistrate Judges. On April 14, 2014, United States Magistrate Judge Cynthia Reed Eddy issued her Report and Recommendation in which she recommended denial of defendant Atlas Insurances, Ltd.’s Motion to Dismiss (ECF No. 19) the claims against it because the “Court has insufficient information before it upon which to conduct meaningful evaluation and make an informed decision as to the existence and effect of a forum selection clause in Atlas’ insurance contract.” Id., at 17. The parties had until May 2, 2014, to file Objections to the Report and Recommendation. No objections have been filed. After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the Court adopts the Report and Recommendation as the Opinion of the Court and accepts Magistrate Judge Eddy’s recommendation. Accordingly, AND NOW, this 28th day of May, 2014, Atlas Insurance LTD’s Motion to Dismiss (ECF No. 19), is DENIED without prejudice. /s/ Joy Flowers Conti Joy Flowers Conti United States District Judge cc: all ECF registered counsel

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