*1 IN THE LTNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA INSIGHT COMMUNICATIONS )

COMPANY, L.P., ) 2:07cv378 Electronic Filing 1

Plaintiff, )

v. Judge Cercone

Magistrate Judge Mitchell DIGIMAX CABLE TV, INC.,

)

Defendant.

MEMORANDUM ORDER Q AND NOW, this 7 day of January, 2008, after the plaintiff, Insight Communications Co., LP, filed an action in the above-captioned case, and after the plaintiff submitted a motion for summary judgment against the defendant, Digimax Cable TV, Inc., and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties thirteen days after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the motion and the record, and upon consideration of the Magistrate Judge's Report and Recommendation (Document No. 37), which is adopted as the opinion of this Court,

IT IS ORDERED that plaintiffs motion for summary judgment (Document No.

29) is GRANTED.

David Stewart Cercone United States District Judge *2 cc: Honorable Robert C. Mitchell

United States Magistrate Judge

Joseph F. McDonough, Esquire

James R. Walker, Esquire

Manion McDonough & Lucas

Suite 14.14, U.S. Steel Tower

600 Grant Street

Pittsburgh, PA 1521 9

Laurence J. Zielke, Esquire

Nancy J. Schook, Esquire

Pedley Zielke Gordinier & Pence PLLC

462 South Fourth Avenue

Louisville, KT 40202

Vincent J. Restauri, Jr., Esquire

Vincent Restauri Law Offices

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Baden, PA 15005