Laffitte v. Shulkin

Filing 89

ORDER Affirming and Adopting the 87 July 12, 2018 Recommendation of United States Magistrate Judge. Defendant's Motion to Dismiss (Doc. # 22 ) is DENIED AS MOOT, WITHOUT PREJUDICE. The parties' Notice of Settlement and Joint Motion to Stay All Proceedings Pending Execution of Settlement Agreement (Doc. # 84 ) is GRANTED. The stay of all proceedings until 10/2/2018, pending execution of the settlement agreement, remains in place. By Judge Christine M. Arguello on 08/01/2018. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 17-cv-01593-CMA-KMT
ALICE R. LAFFITTE,
Plaintiff,
v.
DAVID J. SHULKIN, Secretary, United States Department of Veterans Affairs, in his
official capacity,
Defendant.

ORDER AFFIRMING AND ADOPTING THE JULY 12, 2018, RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
______________________________________________________________________
This matter is before the Court on the July 12, 2018, Order and Recommendation
by United States Magistrate Judge Kathleen M. Tafoya, in which she ordered that all
proceedings in this case shall be stayed until October 2, 2018, pending full execution of
the parties’ settlement agreement, 1 and recommended that the Court deny as moot
Defendant David J. Shulkin’s Motion to Dismiss (Doc. # 22). (Doc. # 87.) 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.
1

Magistrate Judge Tafoya thereby implicitly granted the parties’ Notice of Settlement and Joint
Motion to Stay All Proceedings Pending Execution of Settlement Agreement (Doc. # 84.)

(Doc. # 87 at 2–3.) Despite this advisement, no party filed objections to Magistrate
Judge Tafoya’s Order and Recommendation. “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 all the relevant pleadings concerning Defendant’s
Motion to Dismiss and the Order and Recommendation, in addition to applicable
portions of the record and relevant legal authority. It is satisfied that that the Order and
Recommendation is sound and not clearly erroneous or contrary to law. See Fed. R.
Civ. P. 72(a).
Accordingly, the Court ORDERS as follows:
1. The Order and Recommendation of United States Magistrate Judge Tafoya
(Doc. # 87) is AFFIRMED and ADOPTED;
2. Defendant’s Motion to Dismiss (Doc. # 22) is DENIED AS MOOT, WITHOUT
PREJUDICE; and
3. The parties’ Notice of Settlement and Joint Motion to Stay All Proceedings
Pending Execution of Settlement Agreement (Doc. # 84) is GRANTED. The
stay of all proceedings until October 2, 2018, pending execution of the
settlement agreement, remains in place. See (Doc. # 87.)

2

DATED: August 1, 2018

BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

3