BERNARD et al v. BANK OF NEW YORK MELLON, NATIONAL ASSOCIATION

Filing 109

ORDER indicating that the Court adopts the Report and Recommendation 106 as the Opinion of the Court and accepts the magistrate's recommendation. Accordingly, BNY Mellon's Motion to Dismiss 74 is hereby denied. Signed by Judge Robert J. Colville on 6/4/20. (jg)

Case 2:18-cv-00783-RJC-CRE Document 109 Filed 06/04/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JOHN BERNARD, WILLIAM BERNARD,
PAMELA MARTIN, individually and on
behalf of all others similarly situated,
Plaintiffs,
v.
BNY MELLON, N. A.,
Defendant.

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2:18-CV-00783-RJC-CRE
United States District Judge Robert J. Colville
Chief United States Magistrate Judge
Cynthia Reed Eddy

ORDER ADOPTING REPORT AND RECOMMENDATION
On June 15, 2018, the above captioned case was filed in 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)(1), and Rules 72.C and 72.D of the Local Rules of Court
for Magistrate Judges.
On April 29, 2020, Chief Magistrate Judge Cynthia Reed Eddy issued her Report
and Recommendation (ECF No. 106) in which she recommended denial of the motion to
dismiss the Second Amended Complaint filed by Defendant BNY Mellon, National
Association (“BNY Mellon”) (ECF No. 74). On May 13, 2020, Defendant BNY Mellon
filed its objections (ECF No. 107), and on May 27, 2020, plaintiffs filed a brief in
opposition to BNY Mellon’s Objections. (ECF No. 108).
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, objections and responses thereto, the Court adopts the
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Case 2:18-cv-00783-RJC-CRE Document 109 Filed 06/04/20 Page 2 of 2

Report and Recommendation (ECF No. 106) as the Opinion of the Court and accepts the
magistrate’s recommendation.1
Accordingly,
AND NOW, this 4th day of June, 2020, BNY Mellon’s Motion to Dismiss (ECF
No. 74) is HEREBY DENIED.

s/ Robert J. Colville
Robert J. Colville
United States District Judge

cc: all ECF registered counsel

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We decline to grant BNY Mellon’s request for clarification that it may submit parole evidence to resolve any
ambiguity contained in the Van Valzah trust agreement and defer said issue to the sound discretion of the Chief
Magistrate Judge for further consideration, if appropriate.

2