Stransky et al v. HealthONE of Denver, LLC et al

Filing 243

ORDER adopting 227 Report and Recommendations, and dismissing with prejudice listed Opt-In Plaintiffs, by Judge William J. Martinez on 7/3/14.(dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 11-cv-2888-WJM-MJW LISA STRANSKY, NATALIE FIORE, ERIN PEREZ, HELEN GEIST, ANGELA VANLENGEN, BROOKE THOMPSON, MILDRED HAMILTON, and NICOLE WAGNER, individually and on behalf of others similarly situated Plaintiffs, v. HEALTHONE OF DENVER, INC.,, Defendant. and Civil Action No. 14-cv-0042-WJM-MJW MILDRED BROOKS, HAYKE CAPERTON, JASON CAPERTON, JENNIFER CAYLOR, ANGELA ELLIOTT, JAMES FARQUHAR, CATHY GORDON, MICHELLE LUGO, KATHY OKAMATSU, ANN MARIE UWANDU, and SALLY ANN WARDLE, Plaintiffs, v. HEALTHONE OF DENVER, INC., Defendant. ORDER ADOPTING JUNE 13, 2014 RECOMMENDATION OF MAGISTRATE JUDGE REGARDING THE DISMISSAL OF TWELVE OPT-IN PLAINTIFFS This matter is before the Court on the June 13, 2014 Recommendation of United States Magistrate Judge Michael J. Watanabe (the “Recommendation”) (ECF No. 227) that twelve Opt-In Plaintiffs be dismissed for failure to prosecute and failure to comply with Court orders. The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b). The Recommendation advised the parties that specific written objections were due within fourteen days after being served with a copy of the Recommendation.1 (ECF No. 227, at 6.) Despite this advisement, no objections to the Magistrate Judge’s Recommendation have to date been received. The Court concludes that the Magistrate Judge’s analysis was thorough and sound, and that there is no clear error on the face of the record. See Fed. R. Civ. P. 72(b) advisory committee’s note (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (“In the absence of timely objection, the district court may review a magistrate’s report under any standard it deems appropriate.”). In accordance with the foregoing, the Court ORDERS as follows: 1 The Court’s internal records confirm that the Recommendation was electronically mailed to counsel for all parties. 2 (1) The Magistrate Judge’s Recommendation (ECF No. 227) is ADOPTED in its entirety; (2) Pursuant to Federal Rules of Civil Procedure 16(f) and 41(b) the following Opt-In Plaintiffs are hereby DISMISSED WITH PREJUDICE for failure to prosecute, failure to appear, and failure to comply with Court orders. Each party shall pay her or his own attorney’s fees and costs. Daniel Alley II, Stefanie Bailey, Deneen Diehl, Dillon Egan a/k/a Joseph Dillon, Marisol Flores, Denay Jimenez, Illena Kantor, Christy Kroll, Suzanna Miller, Damon Phelps, John Rivera, and Aurora Shinn. Dated this 3rd day of July, 2014. BY THE COURT: __________________________ William J. Martínez United States District Judge 3

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