Wai Feng Trading Co. LTD et al v. Quick Fitting, Inc.

Filing 67

ORDER granting (49) Motion to Vacate Consolidation Order ; adopting (63) Report and Recommendations in case 1:13-cv-00033-S-PAS; granting (57) Motion to Vacate Consolidation Order; adopting (72) Report and Recommendations in case 1:13-cv-00056-S-PAS. So Ordered by Chief Judge William E. Smith on 8/22/14. Associated Cases: 1:13-cv-00033-S-PAS, 1:13-cv-00056-S-PAS(Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
)
Plaintiffs,
)
)
v.
)
)
QUICK FITTING, INC.,
)
)
Defendant.
)
)
___________________________________)
)
QUICK FITTING, INC.,
)
)
Plaintiff,
)
)
v.
)
)
WAI FENG TRADING CO., INC., and
)
EASTERN FOUNDRY & FITTINGS, INC., )
)
Defendants.
)
___________________________________)
WAI FENG TRADING CO. LTD, and
EFF MANUFACTORY CO., LTD,

C.A. No. 13-033 S

C.A. No. 13-056 S

ORDER
WILLIAM E. SMITH, Chief Judge.
On

May

30,

2014,

Magistrate

Judge

Patricia

A.

Sullivan

issued a Report and Recommendation (ECF No. 63), recommending
that C.A. No. 13-33-S and C.A. No. 13-56-S be deconsolidated.
Magistrate Judge Sullivan further recommended that the motion of
Wai Feng Trading Co. Ltd. to sever Count III in C.A. No. 13-33S, so that it can be asserted as a counterclaim in C.A. No. 1356-S,

be

granted.

Finally,

Magistrate

Judge

Sullivan

recommended that this Court, on its own, sever Counts IV through
VII from Quick Fitting, Inc.’s First Amended Verified Complaint
in C.A. No. 13-56-S, and direct Quick Fitting, Inc. to amend its
answer

in

C.A.

No.

13-33-S

to

assert

those

counts

as

counterclaims.
No objections to the Report and Recommendation were filed.
Because this Court agrees with Judge Sullivan’s analysis, it
hereby

ACCEPTS

the

Report

and

Recommendation

U.S.C. § 636(b)(1).
IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: August 22, 2014

2

pursuant

to

28