Eddins et al v. Time Warner NY Cable, LLC

Filing 67

ORDER adopting Report and Recommendations re 59 Report and Recommendations. Granting 55 Motion to Dismiss Party: Party Teri Nelson, Shrisice Washington, Katie Young, Michael Byczek and Dionne Mackey terminated. by Judge Raymond P. Moore on 1/22/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 13BcvB02521BRMBMJW
JERRY W. EDDINS,
DENA M CANNON,
SHRISICE WASHINGTON,
DIONNE MACKEY,
STEPHANIE S. A. EDDINS,
MICHAEL BYCZEK,
TERI NELSON,
JUIANA VAN TUIL,
KATIE YOUNG, and
SUZANNE BOLDEN, on behalf of themselves and others similarly situated,
Plaintiffs,
v.
TIME WARNER NY CABLE LLC,
Defendant.
______________________________________________________________________________
ORDER
ADOPTING RECOMMENDATION (ECF NO. 59)
__________________________________________________________________________
THIS MATTER is before the Court on the United States Magistrate Judge’s
“Recommendation on Plaintiffs’ Motion to Dismiss Named Plaintiffs Washington, Mackey,
Byczek, Nelson, and Young (Docket No. 55)” (ECF No. 59) issued November 22, 2013. The
Magistrate Judge recommended Plaintiffs’ Motion to Dismiss (ECF No. 55) be granted and the
following named plaintiffs be dismissed without prejudice: Shrisice Washington, Dionne Mackey,
Michael Byczek, Teri Nelson, and Katie Young. The Recommendation advised the parties they

had fourteen days after service of the Recommendation to file any objections. The time permitted
for any objections has expired and no objections to the Recommendation have been filed.
The Court has reviewed the Motion to Dismiss, Recommendation, and file, and concludes
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 Notes (“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.”). Therefore, it is ORDERED as follows:
1. That the Magistrate Judge’s Recommendation (ECF No. 59) is ADOPTED in its
entirety as an order of this Court; and
2. That the Plaintiffs’ Motion to Dismiss Named Plaintiffs Washington, Mackey, Byczek,
Nelson, and Young (ECF No. 55) is GRANTED and Plaintiffs Shrisice Washington,
Dionne Mackey, Michael Byczek, Teri Nelson, and Katie Young are hereby dismissed
without prejudice.
DATED this 22nd day of January, 2014.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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