CSX Transportation, Inc. v. Hog Brothers Recycling, LLC

Filing 58

ORDER Adopting 57 Report and Recommendation Granting 52 Motion to Extend, filed by CSX Transportation, Inc. - Signed by District Judge David M. Lawson. *See order for deadline* (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CSX TRANSPORTATION, INC.,
Plaintiff,
v.

Case Number 09-13626
Honorable David M. Lawson
Magistrate Judge Paul J. Komives

HOG BROTHERS RECYCLING, LLC,
DOUGLAS DAUER, FRANK
DENARDO, JR., PATRICIA WINTER,
and CLIFFORD WINTER,
Defendants.
______________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
AND GRANTING PLAINTIFF’S MOTION TO EXTEND TIME IN WHICH TO
SERVE DISCOVERY UPON GARNISHEES
Presently before the Court is the report issued on October 29, 2012 by Magistrate Judge Paul
J. Komives pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the plaintiff’s motion
for an extension of time in which to serve discovery upon garnishees. 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, no objections have been filed thus far.
The parties’ failure to file objections to the Report and Recommendation waives any further right
to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).
Likewise, the failure to object to the Magistrate Judge’s report releases the Court from its duty to
independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court
agrees with the findings and conclusions of the Magistrate Judge.
Accordingly, it is ORDERED that the Magistrate Judge’s Report and Recommendation [dkt.
#57] is ADOPTED.

It is further ORDERED that the plaintiff’s motion for extension of time in which to serve
discovery upon garnishees [dkt. #52] is GRANTED.
It is further ORDERED that if the plaintiff desires to serve written interrogatories on and
to notice the depositions of Frank DeNardo, Clifford Winter, Douglas Dauer, and Patricia Winter,
then it must do so on or before November 29, 2012.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: November 19, 2012

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 November 19, 2012.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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