DICE v. VYARIE MEDICAL, INC

Filing 38

MEMORANDUM ORDER denying plaintiff's 20 Motion to Dismiss Defendant's Counterclaim and further adopting 36 Corrected Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 5/31/18. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JASON DICE,

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Plaintiff,

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Case No. 2:17-cv-1678

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V.

VYAIRE MEDICAL, INC.,
Defendant.

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Judge David Stewart Cercone
Magistrate Judge Lisa Pupo Lenihan

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ECF No. 20

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MEMORANDUM ORDER

The Complaint in the above captioned case was received by the Clerk of Court
on December 29, 2017, upon removal from the Court of Common Pleas of Allegheny
County, Pennsylvania, 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. 35), filed on April
12, 2018, recommended that the Motion to Dismiss Defendant's Counterclaim (ECF No.
20) filed by Plaintiff Jason Dice be denied. Service was made on all counsel of record.
On May 1, 2018, the Magistrate Judge filed a corrected Report and Recommendation
(see Errata, ECF No. 36), in which the only change was to add the notice to the parties

of their right to file objections to the report and recommendation.

Service of the

corrected Report and Recommendation (ECF No. 36) was made on all counsel of
record. In the corrected Report and Recommendation, 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. No objections have been filed to the Report and Recommendation to date.
After review of the pleadings and documents in the case, together with the
Report and Recommendation, the following Order is entered:

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AND NOW, this~ day of May, 2018,
IT IS HEREBY ORDERED that the Motion to Dismiss Defendant's Counterclaim
(ECF No. 20) filed by Plaintiff Jason Dice is DENIED.
IT IS FURTHER ORDERED that the corrected Report and Recommendation
(ECF No. 36) of Magistrate Judge Lenihan dated May 1, 2018, is adopted as the
opinion of the Court.

David Stewart Cercone
Senior United States District Judge
cc: Chelsea Dice, Esquire
David J. Kiefer, Esquire
Aaron M. Scott, Esquire
Elizabeth A. Patton, Esquire
Robert C. Castle, Esquire