Filing 53

MEMORANDUM ORDER denying defendants' 47 Motion for Summary Judgment and adopting 52 Report and Recommendation pf Magistrate Judge Eddy as the opinion of the Court. Signed by Judge David S. Cercone on 8/9/17. (njt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA TIARA SMART, Administratrix of the Estate of FRANK SMART, JR., Deceased, Plaintiff, v. ALLEGHENY COUNTY d/b/a ALLEGHENY COUNTY JAIL; and ORLANDO HARPER Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:15cv953 Electronic Filing MEMORANDUM ORDER The present action was initiated in this Court on July 23, 2015. The case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with Magistrate Judges Act, 28 U.S.C. § 636(b)(l) and Local Rules of Court 72.C and 72.D. On July 21, 2017, Magistrate Judge Eddy issued a Report and Recommendation ("R&R"), [ECF No. 52], recommending that that Defendants' Motion for Summary Judgment, [ECF No. 47], be denied. The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b), Federal Rule of Civil Procedure 72(b )(2), and LCvR 72.D.2, objections to the R&R were due by August 4, 2017. In addition, the parties were warned that failure to file objections within that timeframe will waive the right to appeal. To date, no objections have been filed. After a de nova review of the pleadings and documents in this case, together with the R&R, the Court agrees with the R&R's conclusion that summary judgment is inappropriate because Defendants' "entire motion is premised on genuine disputes of material fact." [R&R at 11-14]. Accordingly, the following Order is entered: ~ AND NOW, this 'f day of August, 2017, IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment [ECF No. 47] is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation [ECF No. 52] is ADOPTED as the Opinion of the District Court. David Stewart Cercone United States District Judge cc: Honorable Cynthia Reed Eddy, United States Magistrate Judge George M. Kontos, Esquire Katie A. Killion, Esquire Dennis R. Biondo, Jr., Esquire (Via CMIECF Electronic Mai{) 2

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