Varlesi v. Wayne State University et al

Filing 254

ORDER Accepting Report and Recommendation 252 and Mooting Motion to Determine Attorneys' Fees 233 . Signed by District Judge Denise Page Hood. (LSau)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TINA M. VARLESI, Plaintiff, Case No. 10-14793 Honorable Denise Page Hood v. WAYNE STATE UNIVERSITY, et al., Defendants. ___________________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION AND MOOTING MOTION TO DETERMINE ATTORNEYS’ FEES This matter is before the Court on Magistrate Judge Anthony P. Patti’s Report and Recommendation filed October 31, 2017 (Doc. No. 252) on Plaintiff’s Motion to Determine Attorney Fees and for Other Relief, and to Stay Distribution of Funds. (Doc. No. 233) To date, no Objections have been filed to the Report and Recommendation and the time to file such has passed. The standard of review by the district court when examining a Report and Recommendation is set forth in 28 U.S.C.§ 636. This Court “shall make a de novo determination of those portions of the report or the specified proposed findings or recommendations to which an objection is made.” 28 U.S.C. § 636(B)(1)(c). The Court “may accept, reject or modify, in whole or in part, the findings or recommendations made by the Magistrate.” Id. In order to preserve the right to appeal the Magistrate Judge’s recommendation, a party must file Objections to the Report and Recommendation within fourteen (14) days of service of the Report and Recommendation. Fed. R. Civ. P 72(b)(2). Failure to file specific objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). After review of the Magistrate Judge’s Report and Recommendation, the Court finds that the Magistrate Judge’s findings and conclusions are correct. The parties appeared before the Magistrate Judge and placed a settlement and stipulation on the record resolving Plaintiff’s motion. Accordingly, IT IS ORDERED that the Report and Recommendation (Doc. No. 252) is ACCEPTED and ADOPTED as this Court’s findings of fact and conclusions of law. IT IS FURTHER ORDERED that Plaintiff’s Motion to Determine Attorney Fees and for Other Relief, and to Stay Distribution of Funds (Doc. No. 233) is now rendered MOOT. S/Denise Page Hood Denise Page Hood Chief Judge, United States District Court Dated: February 7, 2018 2 I hereby certify that a copy of the foregoing document was served upon counsel of record on February 7, 2018, by electronic and/or ordinary mail. S/LaShawn R. Saulsberry Case Manager 3

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