STEWART-WILSON v. CHRISTIAN H. BUHL LEGACY TRUST et al

Filing 16

ORDER granting defendant UNITED STATES OF AMERICA 12 Motion to Dismiss; further ordered that remainder of action is remanded FORTHWITH to the Court of Common Pleas of Mercer County, PA; further adopting 15 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 5/11/17. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DELANI J. STEWART-WILSON, a minor, by her
natural mother and legal guardian, D’ERICKA
STEWART,
Plaintiff,
vs
CHRISTIAN H. BUHL LEGACY TRUST, f/k/a
SHARON REGIONAL HEALTH SYSTEM and
THE UNITED STATES OF AMERICA,
Defendants.

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2:17cv113
Electronic Mail

ORDER
AND NOW, this 11th day of May, 2017, after the plaintiff, Delani J. Stewart J.
Stewart-Wilson, filed an action in the above-captioned case, and after a motion to dismiss was
submitted by the United States of America, and after a Report and Recommendation 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, and no objections having been filed, and upon
independent review of the motion and the record, and upon consideration of the Magistrate
Judge’s Report and Recommendation (ECF No. 15), which is adopted as the opinion of this
Court,
IT IS ORDERED that the motion to dismiss filed by the United States of America
(ECF No. 12) is granted.
IT IS FURTHER ORDERED that the remainder of this action be remanded
forthwith to the Court of Common Pleas of Mercer County, Pennsylvania.
s/ DAVID STEWART CERCONE
David Stewart Cercone
United States District Judge

cc:

Honorable Robert C. Mitchell,
United States Magistrate Judge
Victor H. Pribanic, Esquire
Brett C. Shear, Esquire
Terry C. Cavanaugh, Esquire
(Via CM/ECF Electronic Mail)

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