Naples v. Delta Air Lines, Inc.

Filing 27

ORDER adopting 25 Report and Recommendation, granting 10 Motion for Summary Judgment; denying as moot 11 and 17 Motions to Compel; and Dismissing Complaint. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
LIZA NAPLES,
Plaintiff,

Case No. 13-11257
Honorable Thomas L. Ludington

v.
DELTA AIR LINES, INC.,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Liza Naples filed a complaint alleging that Delta Air Lines, Inc. (Delta) negligently failed
in its “duty to protect [her] from any hidden or latent hazards on its air plane.” Pl.’s Compl. ¶¶
31, 33, attached as Notice Removal, ECF No. 1. Delta filed a motion for summary judgment on
October 25, 2013. The motion was referred to United States Magistrate Judge Charles E. Binder
pursuant to 28 U.S.C. § 636(b)(1).
On December 30, 2013, Judge Binder issued a report recommending that Delta’s motion
for summary judgment be granted and that the case be dismissed. Although Judge Binder’s
report explicitly stated that the parties may object to and seek review of the recommendation
within 14 days of service of the report, as of today’s date, neither party has filed objections. The
failure to object to Judge Binder’s report releases the Court from its duty to independently
review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Moreover, the failure to file
objections to the report waives any further right to appeal. See Smith v. Detroit Fed’n of
Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).

Accordingly, it is ORDERED that the Judge Binder’s report and recommendation, ECF
No. 25, is ADOPTED.
It is further ORDERED that Delta’s motion for summary judgment, ECF No. 10, is
GRANTED.
It is further ORDERED that Naples’s two motions to compel, ECF Nos. 11 and 17, are
DENIED as moot.1
It is further ORDERED that the complaint, ECF No. 1, is DISMISSED with prejudice.
Dated: January 16, 2014

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing
order was served upon each attorney or party of record
herein by electronic means or first class U.S. mail on
January 16, 2014.
s/Tracy A. Jacobs
TRACY A. JACOBS

1

Judge Binder filed a notice on the docket concerning these two discovery motions. He indicates that if his report
and recommendation is adopted, “the discovery motions presently pending before the Court will be moot.” Notice
1, ECF No. 26. As the Court is adopting Judge Binder’s report, these motions are appropriately denied.
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