CARUSO et al v. DARDEN RESTAURANTS, INC.
Filing
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ORDER indicating that for reasons stated within, it is hereby ordered that the Motion to Remand 8 is denied and the Report and Recommendation 13 is adopted as the Opinion of the Court. Signed by Judge Nora Barry Fischer on 8/10/2015. (nsc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
COLLEEN CARUSO and RICHARD
CARUSO,
Plaintiffs,
v.
DARDEN RESTAURANTS, INC.,
Defendant.
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Civil Action No. 15-505
Magistrate Judge Robert C. Mitchell/
District Judge Nora Barry Fischer
MEMORANDUM ORDER
NORA BARRY FISCHER, United States District Judge.
The present action was removed to this Court on April 16, 2015 from the Court of
Common Pleas of Westmoreland County. The case was referred to United States Magistrate
Judge Robert C. Mitchell for pretrial proceedings in accordance with Magistrate Judges Act, 28
U.S.C. § 636(b)(1) and Local Rules of Court 72.C and 72.D.
Plaintiff Colleen Caruso submitted a motion to remand this case to state court [ECF No.
8] on June 5, 2015. The Magistrate Judge’s Report and Recommendation [ECF No. 13] filed
July 21, 2015 recommended that Plaintiff’s motion be denied.
Service of the Report and
Recommendation was made on all parties. The parties were informed that in accordance with
the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Local Rule of Court 72.D.2
they had until August 5, 2015 to file any objections. As of this date, no objections have been
filed.
Accordingly, after a de novo review of the pleadings and documents in this case, together
with the Report and Recommendation, the following Order is entered:
AND NOW, this 10th day of August, 2015, IT IS HEREBY ORDERED that Plaintiff’s
Motion to Remand [ECF No. 8] is denied.
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IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge
Robert C. Mitchell is hereby adopted as the Opinion of the District Court.
By the Court,
s/Nora Barry Fischer
The Honorable Nora Barry Fischer
United States District Judge
cc/ecf: All Counsel of Record
The Honorable Robert C. Mitchell
United States District Court
Western District of Pennsylvania
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