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

Filing 58

ORDER indicating that the Court adopts the Report and Recommendation 48 as the Opinion of the Court and accepts the magistrate's recommendation. Accordingly, BNY Mellon's Motion to Dismiss 31 is hereby denied. Signed by Judge Nora Barry Fischer on 6/14/19. (jg)

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

JOHN BERNARD and WILLIAM
BERNARD, individually and on behalf of all
others similarly situated,
Plaintiffs,
v.
BNY MELLON, NATIONAL
ASSOCIATION,
Defendant.

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2:18-CV-00783-NBF-CRE
United States District Judge Nora Barry
Fischer
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 25, 2019, Chief Magistrate Judge Cynthia Reed Eddy issued her Report
and Recommendation (ECF No. 48) in which she recommended denial of the motion to
dismiss filed by Defendant BNY Mellon, National Association (“BNY Mellon”) (ECF
No. 31). The parties had until May 9, 2019 to file Objections to the Report and
Recommendation. On May 9, 2019, Defendant BNY Mellon, National Association
(“BNY Mellon”) filed its objections, and on May 16, 2019, also filed a Notice of

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Supplemental Authority (ECF No. 50). On May 23, 2019, plaintiffs filed a brief in
opposition to BNY Mellon’s Objections. (ECF No. 52).
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, objections and responses thereto, and Notice of
Supplemental Authority, the Court adopts the Report and Recommendation as the
Opinion of the Court and accepts the magistrate’s recommendation.
Accordingly,
AND NOW, this 14th day of June, 2019, BNY Mellon’s Motion to Dismiss (ECF
No. 31) is HEREBY DENIED.

/s Nora Barry Fischer
Nora Barry Fischer
Senior District Judge

cc: all ECF registered counsel

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