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)

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