STERRETT v. GIANT EAGLE, INC. et al

Filing 116

ORDER adopting the Chief Magistrate Judge's Report and Recommendation 111 as the opinion of this Court; that the Motion for Summary Judgment 93 , is granted and the Clerk is to mark the case closed; that, pursuant to Rule 4(a)(1) of the Fed eral Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. Signed by Judge Nora Barry Fischer on 6/6/16. (jg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA RICHARD A. STERRETT, ) ) ) vs. ) ) ) GIANT EAGLE, INC.; GIANT EAGLE, ) INC. doing business as OK GROCERY ) COMPANY; OK GROCERY COMPANY, ) INC.; GENERAL WAREHOUSEMEN & ) EMPLOYEES, LOCAL UNION NO. 636 ) Affiliated with the INTERNATIONAL ) BROTHERHOOD OF TEAMSTERS, ) Defendants. ) Plaintiff, Civil Action No. 14-235 Judge Nora Barry Fischer/ Chief Magistrate Judge Maureen P. Kelly ORDER AND NOW, this 6th day of June, 2016, after Plaintiff Richard A. Sterrett (“Plaintiff”) filed an action in the above-captioned case, and after a Motion for Summary Judgment was filed by Defendants, and after a Report and Recommendation was filed by the Chief United States Magistrate Judge, ECF No. 111, recommending that the Motion be granted, and upon consideration of the Objections filed by Plaintiff, ECF No. 113, and the response to the Objections submitted by Defendants, ECF No. 115, and upon independent review of the record, and upon consideration of the Chief Magistrate Judge=s Report and Recommendation, which is adopted as the opinion of this Court, IT IS HEREBY ORDERED that the Motion for Summary Judgment, ECF No. 93, is GRANTED and the Clerk is to mark the case closed. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. By the Court: /s/ Nora Barry Fischer United States District Judge cc: Honorable Maureen P. Kelly Chief United States Magistrate Judge All Counsel of Record Via CM-ECF 2

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