Oilman International, FZCO v. Neer et al
Filing
124
ORDER. The 115 Recommendation of United States Magistrate Judge is accepted. Plaintiff's 105 Second Motion for Summary Judgment is denied as moot with respect to all claims against Marvin Neer other than the claims for fraudulent conveyance and imposition of a constructive trust and denied in all other respects. By Judge Philip A. Brimmer on 7/12/12.(mnfsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 10-cv-02810-PAB-BNB
OILMAN INTERNATIONAL, FZCO,
Plaintiff,
v.
MARVIN BRUCE NEER, d/b/a TREE MACHINES, a/k/a Marvin Bartolome, and
JESUSA S. NEER a/k/a Jesusa S. Bartolome,
Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter is before the Court on the Recommendation of United States
Magistrate Judge (the “Recommendation”) [Docket No. 115]. The magistrate judge
recommends that plaintiff’s Second Motion for Summary Judgment [Docket No. 105] be
denied in part and denied in part as moot. The Recommendation states that objections
to the Recommendation must be filed within fourteen days after its service on the
parties. See 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on June 7,
2012. No party has objected to the Recommendation.
In the absence of an objection, the district court may review a magistrate judge’s
recommendation under any standard it deems appropriate. See Summers v. Utah, 927
F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985)
(“[i]t does not appear that Congress intended to require district court review of a
magistrate’s factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings”). In this matter, the Court will review the
Recommendation to satisfy itself that there is “no clear error on the face of the record.”1
Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has
concluded that the Recommendation is a correct application of the facts and the law.
Accordingly, it is
ORDERED as follows:
1. The Recommendation of United States Magistrate Judge [Docket No. 115] is
ACCEPTED.
2. Plaintiff’s Second Motion for Summary Judgment [Docket No. 105] is
DENIED as moot with respect to all claims against Marvin Neer other than the claims
for fraudulent conveyance and imposition of a constructive trust and DENIED in all
other respects.
DATED July 12, 2012.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
1
This standard of review is something less than a “clearly erroneous or contrary
to law” standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo
review. Fed. R. Civ. P. 72(b).
2
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