MILLS v. ENDEAVOR AIR, INC et al

Filing 60

MEMORANDUM ORDER. 45 Motion to Dismiss for Failure to State a Claim is GRANTED IN PART AND DENIED IN PART, and the 59 Report and Recommendations is adopted as the Opinion of the District Court. See contents of this filing. Signed by Judge Cathy Bissoon on 11/18/21. (cyk)

Case 2:20-cv-00566-CB-LPL Document 60 Filed 11/18/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JUSTYNA MILLS,
Plaintiff,
v.
UNKNOWN FRANCHISEE
And MARRIOTT
INTERNATIONAL, INC.,
Defendants.

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Civil Action No. 20-566
Judge Cathy Bissoon
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This case has been referred to United States Magistrate Judge Lisa Pupo Lenihan for
pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B),
and Local Rule of Civil Procedure 72.
On October 13, 2021, the Magistrate Judge issued a Report and Recommendation
(“R&R”) (Doc. 59) recommending that Defendant’s Motion to Dismiss the Amended Complaint
for Failure to State a Claim filed by Unknown Franchisee, identified as Moody National SHS
Pittsburgh MT, LLC, (Doc. 45), be granted in part and denied in part. Specifically, the
Magistrate Judge recommends that the Motion should be granted as it relates to the issue of
negligent interference with contract but denied in all other respects. Service of the R&R was
made on the parties, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the R&R, the
following Order is entered: Defendant’s Motion to Dismiss (Doc. 45) is GRANTED IN PART
AND DENIED IN PART, in that Count II against Defendant Unknown Franchisee (Moody

Case 2:20-cv-00566-CB-LPL Document 60 Filed 11/18/21 Page 2 of 2

National SHS Pittsburgh MT, LLC) is DISMISSED WITH PREJUDICE, and the R&R
is adopted as the Opinion of the District Court.

IT IS SO ORDERED.

November 18, 2021

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All Counsel of Record

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