Wyatt et al v. WAMU/JP Morgan Chase Bank et al

Filing 136

ORDER Adopting 135 Report and Recommendation, and Granting 116 Motion to Dismiss filed by Trott and Trott PC. Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ESTATE OF JAMES C. WYATT, II, and
LAYDELL WYATT,
Plaintiffs,

Case Number 09-14919
Honorable David M. Lawson
Magistrate Judge Michael J. Hluchaniuk

v.
PATHWAY FINANCIAL and TROTT
AND TROTT, P.C.,
Defendants.
____________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,
GRANTING DEFENDANT TROTT & TROTT, P.C.’S MOTION TO DISMISS
AND DISMISSING AMENDED COMPLAINT WITH PREJUDICE
Presently before the Court is the report issued on May 18, 2012 by Magistrate Judge Michael
J. Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court grant defendant Trott
& Trott, P.C.’s motion to dismiss and dismiss defendant Pathway Financial sua sponte. 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.
#135] is ADOPTED.

It is further ORDERED that defendant Trott & Trott, P.C.’s motion to dismiss [dkt. #116]
is GRANTED.
It is further ORDERED that the plaintiffs’ amended complaint is DISMISSED WITH
PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: June 6, 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 June 6, 2012.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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