DICK'S SPORTING GOODS, INC. v. PEOPLE'S INSURANCE COMPANY OF CHINA

Filing 22

ORDER granting defendant's 14 Motion to Dismiss which the court construed as a Motion for Judgment on the Pleadings with the understanding that plaintiff may bring this action in the applicable Chinese court and adopting 18 Report and Recommendation of Magistrate Judge Mitchell as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 8/31/17. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DICK’S SPORTING GOODS, INC.,
Plaintiff,
v.
PICC PROPERTY AND CASUALTY
COMPANY LIMITED SUZHOU
BRANCH,
Defendant.

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2:16cv1635
Electronic Filing

ORDER OF COURT
AND NOW, this 31st day of August, 2017, after Plaintiff filed an action in the
above-captioned case, and after Defendant filed a motion to dismiss (construed as a motion for
judgment on the pleadings) (ECF 14), and after a Report and Recommendation (ECF 18) was
filed by the United States Magistrate Judge granting the parties a period of time after being
served with a copy to file written objections thereto, upon consideration of Plaintiff’s objections
(ECF 19) and Defendant’s response to those objections (ECF 21), and upon independent review
of the motion and the record, and upon consideration of the Magistrate Judge’s Report and
Recommendation, which is adopted as the opinion of this Court,
IT IS ORDERED that Defendant’s motion for judgment on the pleadings (ECF
14) is granted with the understanding that Plaintiff may bring this action in the applicable
Chinese court.
IT IS FURTHER ORDERED that the Clerk shall mark this case CLOSED.

IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules
of Appellate Procedure, if Plaintiff desires to appeal from this Order, Plaintiff must do so within
thirty (30) days by filing a notice of appeal as provided in Rule 3 of the Federal Rules of
Appellate Procedure.

s/ DAVID STEWART CERCONE
David Stewart Cercone
United States District Judge
cc:

Honorable Robert C. Mitchell
United States Magistrate Judge
Matthew A. Meyers, Esquire
Robert E. Dapper, Jr., Esquire
Richard J. Perry, Esquire
Monica M. Littman, Esquire
(Via CM/ECF Electronic Mail)

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