Debuhr et al v. Hern et al

Filing 95

ORDER. The Recommendation of United States Magistrate Judge, Docket No. 72 at 5, is accepted. The deadline for designations of deposition testimony for plaintiffs' medical experts, Drs. Carlson, Torell, and Arias, is extended to November 29, 2017. Objections shall be filed on or before December 6, 2017. By Judge Philip A. Brimmer on 11/29/17. (pabsec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 15-cv-02613-PAB-MEH
JENNIFER DEBUHR and
JASON DEBUHR,
Plaintiffs,
v.
WARREN M. HERN and
BOULDER ABORTION CLINIC, P.C., a Colorado professional corporation,
Defendants.
_____________________________________________________________________
ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION
_____________________________________________________________________
This matter is before the Court on the Recommendation of United States
Magistrate Judge Michael E. Hegarty filed on November 1, 2017 [Docket No. 72 at 5].
The Recommendation states that objections to the Recom mendation must be filed
within fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). The
Recommendation was served on November 1, 2017. No party has objected to the
Recommendation.
In the absence of an objection, the district court may review a magistrate judge’s
recommendation under any standard it deems appropriate. See Summers v. Utah, 927
F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985)
(“[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”). In this matter, the Court has reviewed the

Recommendation to satisfy itself that there is “no clear error on the face of the record.”1
Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has
concluded that the Recommendation is a correct application of the facts and the law.
Accordingly, it is
ORDERED as follows:
1. The Recommendation of United States Magistrate Judge [Docket No. 72 at 5]
is accepted.
2. The deadline for designations of deposition testimony for plaintiffs’ medical
experts, Drs. Carlson, Torell, and Arias, is extended to November 29, 2017. Objections
shall be filed on or before December 6, 2017.

DATED November 29, 2017.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

1

This standard of review is something less than a “clearly erroneous or contrary
to law” standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo
review. Fed. R. Civ. P. 72(b).
2