Spotts Brothers, Inc. v. Seraphim USA Manufacturing, Inc.
3:18-cv-02235-RDM
M.D. Penn.
Sep 9, 2019
Check Treatment
Docket

*1

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Magistrate Judge Carlson's Report and Recommendation ("R&;R") (Doc. 22) for clear error or manifest injustice, [1] IT IS HEREBY ORDERED THAT:

  1. The R&;R (Doc. 22) is ADOPTED for the reasons set forth therein.
  2. The Motion to Dismiss by Defendants (Doc. 9) is GRANTED IN PART AND DENIED

IN PART AS FOLLOWS: a. The Motion is GRANTED with respect to Ryan Erwin. Defendant Ryan Erwin is DISMISSED from the above-captioned action.

*2 b. The Motion is DENIED in all other respects and with respect to Defendant

Seraphim USA Manufacturing Inc.

NOTES

1 The Court notes that Defendants' Counsel has filed a "Petition" for Leave to Withdraw (Doc. 21). However, that motion remains unresolved pending a Conference Call to be held in this case on September 17, 2019. Thus, as the Court noted in its prior order, "Counsel's pending motion in no way relieves counsel from their obligation to review the pending Report and Recommendation and file objections, if they deem appropriate" (Doc. 23). Defendants' Counsel filed no objections and, therefore, the Court reviews the pending R&;R for clear error or manifest injustice.