WINSCHELL et al v. ENCOMPASS INSURANCE COMPANY

Filing 23

MEMORANDUM ORDER indicating that the Motion to Dismiss 16 filed byDefendant Encompass Home & Auto Insurance Company is denied; that the Report and Recommendation 19 of Magistrate Judge Lenihan, dated 9/29/17, is adopted as the opinion of the Court. Signed by Judge Nora Barry Fischer on 10/24/17. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LINDA L. WINSCHELL and WALTER
WINCHELL, her husband,

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Case No. 2: 17-cv-522

Plaintiffs,

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District Judge Nora Barry Fischer
Magistrate Judge Lisa Pupo Lenihan

v.

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ENCOMPASS HOME & AUTO
INSURANCE CO.,

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ECF Nos. 16, 19

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Defendant.

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MEMORANDUM ORDER
The Complaint in the above captioned case was received by the Clerk of Court
on April 21, 2017, 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.
The Magistrate Judge's Report and Recommendation (ECF No. 19), filed on
September 29, 2017, recommended that the Motion to Dismiss (ECF No. 16) filed by
Defendant Encompass Home & Auto Insurance Company be denied. Service was
made on all counsel of record via CM/ECF Electronic Mail. The 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. Defendant filed timely Objections (ECF No. 21) to the Report and
Recommendation, and Plaintiff filed a timely Response to Defendant's objections (ECF
No. 22).

After a de nova review of the pleadings and documents in the case, together with
the Report and Recommendation, Objections thereto, and Response to the Objections,
the following Order is entered:

AND NOW,

this-Z.'f~y of__
~-~-~-~--' 2017,

IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 16) filed by
Defendant Encompass Home & Auto Insurance Company is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 19)
of Magistrate Judge Lenihan, dated September 29, 2017, is adopted as the opinion of
the Court.

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BaffYiSCher
United States District Judge

cc: All Counsel of Record
Via CM/ECF Electronic Mail

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