Fesmire v. Colorado Symphony Association

Filing 79

ORDER denying as moot 53 Motion to Dismiss for Lack of Prosecution and adopting 71 Report and Recommendation. Entered by Judge Raymond P. Moore on 8/30/2024. (cpear)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Raymond P. Moore
Civil Action No. 23-cv-00321-RM-SBP
LARISA FESMIRE,
Plaintiff,
v.
COLORADO SYMPHONY ASSOCIATION d/b/a Colorado Symphony Orchestra, Inc.,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Before the Court is the Recommendation of United States Magistrate Judge Susan Prose
(ECF No. 71) to terminate as moot Defendant’s Renewed Motion to Dismiss for Failure to
Prosecute (ECF No. 53).
The fourteen-day deadline for responding to the Recommendation has come and gone
without a response from either party. “In the absence of a timely objection, the district court
may review a magistrate judge’s report under any standard it deems appropriate.” Summers v.
Utah, 927 F.3d 1165, 1167 (10th Cir. 1991).
As outlined in the Recommendation, Plaintiff has responded to May 21, 2024, Order to
Show Cause, which has been discharged. The Court discerns no clear error on the face of the
record and concurs with the magistrate judge’s assessment that proceedings in the case should
resume and the Motion should be terminated. See Gallegos v. Smith, 401 F. Supp. 3d 1352,

1356-57 (D.N.M. 2019) (applying deferential review of the magistrate judge’s work in the
absence of any objection).
Therefore, the Court ACCEPTS the Recommendation (ECF No. 71), and the Motion
(ECF No. 53) is DENIED AS MOOT.
DATED this 30th day of August, 2024.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
Senior United States District Judge

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