Daley v. Alpine Urology

Filing 29

ORDER that the Recommendation of United States Magistrate Judge Michael J. Watanabe Doc. # 26 , filed on June 23, 2015, is AFFIRMED and ADOPTED. In accordance therewith, it is FURTHER ORDERED that Defendants Renewed Motion to Dismiss Doc. # 10 is DENIED, by Judge Christine M. Arguello on 7/9/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 15-cv-00228-CMA-MJW
KELLY DALEY,
Plaintiff,
v.
ALPINE UROLOGY, P.C., a Colorado professional corporation,
Defendant.

ORDER AFFIRMING AND ADOPTING THE JUNE 23, 2015 RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

This case was referred to Magistrate Judge Michael J. Watanabe on April 1,
2015, to conduct non-dispositive proceedings pursuant to 28 U.S.C. §§ 636(b)(1)(A)
and (B) and Fed. R. Civ. P. 72(a) and (b). (Doc. # 18.) On June 23, 2015, Magistrate
Judge Watanabe issued a Recommendation on Defendant’s Renewed Motion to
Dismiss. (Doc. # 26.) That 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 14 days after being served with a copy of the Recommendation. (Doc.
# 26 at 10.) Despite that 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) (“It 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.")).
After reviewing Magistrate Judge Watanabe’s Recommendation, this Court is
satisfied that it is sound and that there is no clear error on the face of the record. See
Fed. R. Civ. P. 72(a). This Court agrees that Defendant’s Renewed Motion to Dismiss
(Doc. # 10) should be denied.
Accordingly, it is hereby
ORDERED that the Recommendation of United States Magistrate Judge Michael
J. Watanabe (Doc. # 26), filed on June 23, 2015, is AFFIRMED and ADOPTED.
In accordance therewith, it is
FURTHER ORDERED that Defendant’s Renewed Motion to Dismiss (Doc. # 10)
is DENIED.

DATED: July 9, 2015

BY THE COURT:

CHRISTINE M. ARGUELLO
United States District Judge

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