Ader v. Cadillac Accounts Receivable Management, Inc.

Filing 20

ORDER Adopting 19 Report and Recommendation and Denying Plaintiff's 13 Motion for Partial Summary Judgment. Signed by District Judge Thomas L. Ludington. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
WAYNE ADER,
Plaintiff,
v.

Case No. 16-cv-13962
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

CADILLAC ACCOUNTS RECEIVABLE
MANAGEMENT, INC.,
Defendants.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
On November 8, 2016, Plaintiff Wayne Ader filed a complaint naming Cadillac Accounts
Receivable Management, Inc., as Defendant. ECF No. 1. Ader alleges that Defendant violated the
Fair Debt Collection Practices Act by failing to communicate to credit reporting agencies that a
certain debt was disputed. All pretrial matters were referred to Magistrate Judge Patricia T. Morris.
ECF No. 7. On August 11, 2017, Ader filed a motion for partial summary judgment. ECF No. 13.
On January 10, 2018, Judge Morris issued a report recommending that Ader’s motion for partial
summary judgment be denied. ECF No. 19. She explains that a genuine issue of material fact
remains on the question of whether Defendant actually communicated the dispute or not.
Although the Magistrate Judge’s report explicitly stated that the parties to this action may
object to and seek review of the recommendation within fourteen days of service of the report,
neither Plaintiff nor Defendant filed any objections. The election not to file objections to the
Magistrate Judge’s report releases the Court from its duty to independently review the record.

Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and
recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the Magistrate Judge’s report and recommendation,
ECF No. 19, is ADOPTED.
It is further ORDERED that Plaintiff Ader’s motion for partial summary judgment, ECF
No. 13, is DENIED.

Dated: January 30, 2018

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 30, 2018.
s/Kelly Winslow
KELLY WINSLOW, Case Manager

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