GABRIEL v. GIANT EAGLE, INC. et al

Filing 28

ORDER adopting as the opinion of the court 24 Report and Recommendations as supplemented by the accompanying memorandum opinion; denying 3 Motion to Remand to State Court. Signed by Chief Judge Joy Flowers Conti on 12/12/2014. (smc )

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF PENNSYLVANIA
ANDREW M. GABRIEL
on behalf of himself and all others
similarly situated,

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Plaintiff,
v.
GIANT EAGLE, INC.,
MARCKISOTTO MARKETS INC.
doing business as
"EDGEWOOD GIANT EAGLE" or
doing business as
"GIANT EAGLE" or
doing business as
"GIANT EAGLE PHARMACY #24",
SHAKESPEARE STREET ASSOCIATES
GP LLC, doing business as
"GIANT EAGLE" or
doing business as
"SHAKESPEARE GIANT EAGLE" or
doing business as
"GIANT EAGLE PHARMACY #17" and
CVS PHARMACY, INC.,
doing business as "CVS" or
doing business as
"CVS STORE #4091"
Defendants.

Civil Action No. 14-0980
Chief United States District Judge
Joy Flowers Conti
United States Magistrate Judge
Cynthia Reed Eddy

ORDER
AND NOW, this 11th day of December, 2014, it is hereby ORDERED, ADJUDGED
AND DECREED that for the reasons set forth in the accompanying memorandum opinion,
plaintiff’s motion to remand to state court (ECF No. 3) is DENIED, and his objections to the
report and recommendation (ECF No. 25) are OVERRULED.

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It is further ORDERED that the report and recommendation (ECF No. 24), as
supplemented by the accompanying memorandum opinion, is ADOPTED as the opinion of the
court.
It is further ORDERED that the matter is remanded back to the magistrate judge for all
further pretrial proceedings.
BY THE COURT:
Dated: December 12, 2014

/s/ Joy Flowers Conti
Joy Flowers Conti
Chief, United States District Judge

cc: all counsel of record via CM-ECF

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