The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz
District Judge Thomas M. Rose
ORDER TO SUPPLEMENT THE RECORD
A preliminary pretrial conference was held in this removed case on August 3, 2006. Thereafter, Judge Rose entered a preliminary pretrial order (Doc. No. 9) which contains the following order of reference to the undersigned*fn1
Pursuant to 28 U.S.C. §636(b), this case is hereby referred to the assigned United States Magistrate Judge from the date of this Order until the discovery cut-off date set herein. The Magistrate Judge to whom the case is referred is authorized to perform any and all functions authorized for full-time United States Magistrate Judges by statute, including, without limiting the generality of the foregoing, all motions to remand removed cases to state court, all motions to dismiss or for judgment on the pleadings under Fed. R. Civ. P. 12, and all discovery-related motions. In each such case the magistrate judge shall proceed in accordance with Fed. R. Civ. P. 72.
Pursuant to this order of reference, the Magistrate Judge has begun consideration of the Motion to Dismiss of Defendant Montgomery County. In doing so, the Magistrate Judge notes the following difficulties with the record:
1. The Complaint filed with this Court omits part of ¶ 76 and all of ¶¶ 77-98. (The same paragraphs are missing from the scanned copy of the Complaint on the website of the Montgomery County Clerk of Courts.)
2. Plaintiffs' Memorandum in Opposition to the Motion to Dismiss and Plaintiffs' Motion to Amend with proposed amended complaint have not been filed with this Court.
3. In addition, there may be other documents filed in the Common Pleas Court which have not been made part of the record here.
Accordingly, it is hereby ORDERED that not later than August 22, 2006, Plaintiff file with this Court complete copies of the above-referenced documents and any other which may have been filed in the Common Pleas Court. The Court would greatly appreciate having said documents electronically filed in searchable .pdf format.
Michael R. Merz Chief United States ...