MOORE et al v. TRUMBULL INSURANCE COMPANY

Filing 23

MEMORANDUM ORDER granting defendant's 9 Motion to Dismiss and adopting 18 Report and Recommendation of Chief Magistrate Judge Eddy as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 12/18/18. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
TIMOTHY MOORE, THERESA MOORE,
GUARDIANS OF RACHAEL MOORE, AN
INCAPACITED PERSON,

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Plaintiffs,
V,

TRUMBULL INSURANCE COMPANY,
Defendant.

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Electronic Filing

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MEMORANDUM ORDER
On February 9, 2018, the above captioned case was removed to this court and was referred
to a magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28
U.S.C. § 636(b)(l), and Rules 72.C and 72.D of the Local Rules of Court for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation on October 29, 2018 (ECF No.
18) recommending that the motion to dismiss (ECF No. 9) be granted and that the action be
dismissed for failure to state a claim. On November 12, 2018 Plaintiffs filed their objections (ECF
No. 19) and on December 6, 2018 Defendant filed its response thereto. (ECF No. 22).
After de nova 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 December, 2018;

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IT IS HEREBY ORDERED that the motion to dismiss (ECF No. 9) be GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 18) dated
October 29, 2018, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

David Stewart Cercone
Senior United States District Court Judge

cc:

Lawrence P. Lutz, Esquire
Joshua Bachrach, Esquire

( Via CMIECF Electronic Mail)

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