Bath v. Midland Credit Management, Inc. et al

Filing 50

ORDER. It is ORDERED that the Recommendation of the United States Magistrate Judge (# 47 ) is AFFIRMED and ADOPTED. Defendants' Motion to Dismiss (# 41 ) is DENIED. It is ordered that the Bankruptcy Trustee in Bankruptcy Case No. 13-11630-ME R is given a reasonable time to ratify, join, or be substituted into this action pursuant to Fed. R. Civ. P. 17(a)(3). It is further ordered that the Clerk of Court shall send a copy of this Order to Counsel for the United States Trustee at the following address: Alan K. Motes, Trial Attorney for the U.S. Trustee, 999 18th Street, Suite 1551, Denver, CO 80202. By Judge R. Brooke Jackson on 07/01/13. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable R. Brooke Jackson
Civil Action No. 12-cv-03225-RBJ-KMT
BRIAN EDMOND BATH, Real Party in Interest under injury,
Plaintiff,
v.
MIDLAND CREDIT MANAGEMENT, INC.,
PAUL J. GRINBERG, and
JOHN AND JANE DOES (1-100),
Defendants.

ORDER

This matter is before the Court on the May 30, 2013 Order and Recommendation of
Magistrate Judge Kathleen M. Tafoya [docket #47]. As relevant here, the Recommendation
addresses defendants Midland Credit Management, Inc. and Paul J. Grinberg’s Motion to
Dismiss [#41]. 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. Despite this
advisement, no objection to Magistrate Judge Tafoya’s Recommendation was 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
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conclusions, under a de novo or any other standard, when neither party objects to those
findings”).
The Court has reviewed the relevant pleadings concerning the Recommendation. Based
on this review, the Court concludes that the Magistrate Judge’s analyses and recommendations
are correct, and that “there is 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 The United States
Magistrate Judge as the findings and conclusions of this Court.
Accordingly, it is ORDERED that the Recommendation of the United States Magistrate
Judge [#47] is AFFIRMED and ADOPTED. Defendants’ Motion to Dismiss [#41] is DENIED.
It is ordered that the Bankruptcy Trustee in Bankruptcy Case No. 13-11630-MER is given a
reasonable time to ratify, join, or be substituted into this action pursuant to Fed. R. Civ. P.
17(a)(3). It is further ordered that the Clerk of Court shall send a copy of this Order to Counsel
for the United States Trustee at the following address:
Alan K. Motes
Trial Attorney for the U.S. Trustee
999 18th Street, Suite 1551
Denver, CO 80202
DATED this 1st day of July, 2013.
BY THE COURT:

___________________________________
R. Brooke Jackson
United States District Judge

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