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

Filing 156

ORDER indicating that the Court adopts the Report and Recommendation (ECF No. 143 ) as the Opinion of the Court and accepts the Magistrate's recommendation. Accordingly, BNY Mellon's Motion for Judgment on the Pleadings Dismiss (ECF No. 129 ) is hereby denied. Signed by Judge Robert J. Colville on 3/31/21. (jg)

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 November 30, 2020, Chief Magistrate Judge Cynthia Reed Eddy issued her
Report and Recommendation (ECF No. 143) in which she recommended denial of the
motion for judgment on the pleadings filed by Defendant BNY Mellon, National
Association (“BNY Mellon”) (ECF No. 129). On December 14, 2020, Defendant BNY
Mellon filed its objections (ECF No. 144), and on December 28, 2020, plaintiffs filed a
brief in opposition to BNY Mellon’s Objections. (ECF No. 145).
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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Report and Recommendation (ECF No. 143) as the Opinion of the Court and accepts the
magistrate’s recommendation.
Accordingly,
AND NOW, this 31st day of March, 2021, BNY Mellon’s Motion for Judgment
on the Pleadings Dismiss (ECF No. 129) is HEREBY DENIED.

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

cc: all ECF registered counsel

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