LENHART v. HUNTINGTON INSURANCE, INC. et al

Filing 16

ORDER granting 7 Defendants Huntington Insurance, Inc. and Huntington Bancshares Incorporated's Motion to Dismiss; adopting as the Opinion of the District Court 15 Report and Recommendations of Magistrate Judge Robert C. Mitchell. Clerk of Courts is directed to mark this case as CLOSED. Signed by Chief Judge Joy Flowers Conti on 6/28/2016. (smc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PARK W. LENHART, III

)
)
Plaintiff,
)
)
v.
)
)
HUNTINGTON INSURANCE, INC., et al. )
)
Defendants.
)

Civil Action No. 16-212

ORDER
JOY FLOWERS CONTI, Chief United States District Judge.
The present action was initially filed in the Court of Common Pleas of Allegheny County
on January 28, 2016.

On February 26, 2016 Defendants Huntington Insurance, Inc. and

Huntington Bancshares Incorporated (collectively, “Huntington”) removed the case to this Court.
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.
On March 18, 2016 Huntington filed a Motion to Dismiss [ECF No. 7] with Brief in
Support [ECF No. 8]. The Plaintiff filed a brief in opposition [ECF No. 14].

The Magistrate

Judge’s Report and Recommendation [ECF No. 15] dated June 8, 2016 recommended that
Huntington’s motion be granted in full. Service of the Report and Recommendation was made
on all parties, who 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 June 22, 2016 to file any
written objections. No objections have been filed.

1

After a de novo review of the pleadings and briefs submitted in support and in opposition
to the motion to dismiss together with the Report and Recommendation, the following Order is
entered:
AND NOW, this 28th day of June, 2016, Defendants Huntington Insurance, Inc. and
Huntington Bancshares Incorporated’s Motion to Dismiss [ECF No. 7] is GRANTED and this
case is hereby DISMISSED.
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.
IT IS FURTHER ORDERED that the Clerk of Courts is directed to mark this case as
CLOSED.
By the Court,
/s/ Joy Flowers Conti
The Honorable Joy F. Conti
Chief United States District Judge
cc:

The Honorable Robert C. Mitchell
record counsel

2