Pioneer Cladding and Glazing Systems, LLC v. APG International, Inc.

Filing 38

ORDER granting 31 Motion to Vacate; accepting and adopting Magistrate Corker's 34 Report and Recommendation and vacating 20 Consent to Magistrate and Order of Reference. The order referring the case to Magistrate Judge Corker is hereby VACATED and the undersigned will ASSUME jurisdiction of this case. Signed by District Judge Travis R McDonough on 3/12/2018. (BJL, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
PIONEER CLADDING AND GLAZING
SYSTEMS, LLC,
Plaintiff,
v.
APG INTERNATIONAL, INC.,
Defendant.

APG INTERNATIONAL, INC.,
Third-Party Plaintiff,
v.
BALFOUR BEATTY CONSTRUCTION,
LLC, EASTMAN CHEMICAL
COMPANY, and LAUFS ENGINEERING
DESIGN,
Third-Party Defendants.

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Case No. 2:17-cv-134
Judge Travis R. McDonough
Magistrate Judge Clifton L. Corker

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ORDER

Before the Court is Third-Party Defendant Laufs Engineering Design’s (“Laufs”) motion
to vacate order referring case to Magistrate (Doc. 31). After the original parties to this case—
Pioneering Cladding and Glazing Systems, LLC, and APG International, Inc.—filed a notice of
consent that this matter be conducted before the United States Magistrate Judge (Doc. 16), the
Court issued an Order referring the case to the Magistrate Judge (Doc. 20). Laufs was then

added as a third-party defendant and filed an appearance on December 19, 2017 (Doc. 25).
Laufs now notifies the Court that it does not consent to the Magistrate Judge. (Doc. 31.)
On January 11, 2018, Magistrate Judge Clifton L. Corker filed his report and
recommendation, recommending that Laufs’s motion be granted and that the Court vacate the
order referring the case. (Doc. 34.) No party has filed an objection to Magistrate Judge Corker’s
report and recommendation.1 Accordingly, the Court will ACCEPT and ADOPT Magistrate
Judge Corker’s report and recommendation (Doc. 34). Laufs’s motion to vacate (Doc. 31) is
GRANTED. The order referring the case to Magistrate Judge Corker is hereby VACATED and
the undersigned will ASSUME jurisdiction of this case.
SO ORDERED.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

1

Although Plaintiff Pioneer Cladding and Glazing Systems, LLC, has filed a response to Laufs’s
motion, it has not filed an objection to Magistrate Judge Corker’s report and recommendation
and represented that “it will respect the Court’s decision with respect to this matter.” (Doc. 35.)
2