SMOYER v. CARE ONE, LLC. et al
MEMORANDUM ORDER granting plaintiff's 4 Motion to Remand and further adopting 10 Report and Recommendations of Magistrate Judge Lenihan as the opinion of the Court. The Clerk is directed to remand this case forthwith to the Court of Common Pleas of Westmoreland County, Pennsylvania. Signed by Judge David S. Cercone on 2/10/17. (njt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
FRANK N. SMOYER, as, Administrator for the Estate of
KATHERINE E. SMOYER, Deceased,
Judge David Stewart Cercone
Magistrate Judge Lisa Pupo Lenihan
CARE ONE, LLC, et al.,
ECF Nos. 4 & 10
The Complaint in the above captioned case was filed in the Court of Common
Pleas of Westmoreland County, Pennsylvania on or about October 13, 2016.
action was removed to this Court on November 9, 2016 by all Defendants upon whom
service had been effectuated, and was referred to United States Magistrate Judge Lisa
Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28
U.S.C. §636(b)(1), and Local Rules of Court 72.C and 72.D. On December 9, 2016,
Plaintiff filed a Motion to Remand (ECF No. 4).
The Magistrate Judge's Report and Recommendation (ECF No. 10), filed on
January 23, 2017, recommended that Plaintiffs Motion to Remand (ECF No. 4) be
granted and this case be remanded to the Court of Common Pleas of Westmoreland
County, Pennsylvania forthwith.
Service was made on all counsel of record.
parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. §
636(b)(1 )(B) and (C), and Rule 72.D.2 of the Local Rules of Court, that they had
fourteen (14) days to file any objections.
No objections have been filed to date.
After a de nova review of the pleadings and documents in the case, together with
the Report and Recomme~tion, the following Order is entered:
AND NOW, this}!_ day of February, 2017,
IT IS HEREBY ORDERED that the Motion for Remand filed by Plaintiff, Frank N.
Smoyer, as Administrator for the Estate of Katherine E. Smoyer, Deceased (ECF No.
4), is GRANTED. The Clerk of Court is ordered to remand this case to the Court of
Common Pleas of Westmoreland County, Pennsylvania forthwith.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 10)
of Magistrate Judge Lenihan, dated January 23, 2017, is adopted as the opinion of the
David Stewart Cercone
United States District Judge
Honorable Lisa Pupo Lenihan,
United States Magistrate Judge
Colin M. Esgro, Esquire
John C. Eustice, Esquire
(Via CMIECF Electronic
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