Crews v. Weaver-Osterholtz et al

Filing 38

ORDER affirming 36 Report and Recommendations and dismissing the case by Judge Christine M. Arguello on 8/1/12.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 11-cv-03369-CMA-MJW
SHANNON CREWS,
Plaintiff,
v.
DANA WEAVER-OSTERHOLTZ, M.D., and
PARKVIEW MEDICAL CENTER, INC.,
d/b/a PARKVIEW MEDICAL CENTER AND PARKVIEW WEST,
Defendants.

ORDER AFFIRMING JULY 2, 2012 RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on the July 2, 2012 Recommendation by United
States Magistrate Judge Michael J. Watanabe that this action be dismissed based upon
Plaintiff’s failure to appear, failure to prosecute, and failure to comply with court orders.
(Doc. # 36.) 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 (14) days after being served with a copy of the Recommendation.
(Doc. # 36 at 4.) Despite this advisement, no objections to Magistrate Judge
Watanabe’s Recommendation were filed by either party. “In the absence of timely
objection, the district court may review a magistrate [judge’s] report under any standard
it deems appropriate.” Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing
Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating that “[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.”).
The Court has reviewed Magistrate Judge Watanabe’s reasons for recommending dismissal of this action. Based on this review, the Court finds “no clear error
on the face of the record.” Fed. R. Civ. P. 72 advisory committee’s note. Therefore, the
Court ADOPTS the Recommendation of Magistrate Judge Watanabe as the findings
and conclusions of this Court.
Accordingly, it is ORDERED that the July 2, 2012 Recommendation of the United
States Magistrate Judge (Doc. # 36) is AFFIRMED and ADOPTED.
It is FURTHER ORDERED that this case be DISMISSED pursuant to Fed. R.
Civ. P. 16(f) and/or 41(b) and D.C.COLO.LCivR 41.1 based upon Plaintiff’s repeated
failure to appear, her failure to prosecute, and her failure to comply with the court’s
orders.
It is FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 16(f)(2), Plaintiff
is directed to pay the defendant’s reasonable expenses – including attorneys’ fees –
incurred because of her failure to appear at the June 12 and July 2, 2012 hearings,
unless she shows that her failure to appear was substantially justified or other
circumstances make an award of expenses unjust.
DATED: August

01

, 2012
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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