Smith v. GC Services Limited Partnership - Delaware

Filing 28

ORDER Adopting 27 Report and Recommendation Denying 20 Motion to Dismiss, filed by GC Services Limited Partnership - Delaware. Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JEWELL SMITH,
Plaintiff,
v.

Case Number 12-13712
Honorable David M. Lawson
Magistrate Judge Mark A. Randon

GC SERVICES LIMITED
PARTNERSHIP - DELAWARE,
Defendant.
___________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AND DENYING MOTION TO DISMISS
This matter is before the Court on the report issued March 7, 2013 by Magistrate Judge Mark
A. Randon pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the defendant’s
motion to dismiss and deny without prejudice the defendant’s request for discovery sanctions.
Although the report explicitly stated that the parties to this action may object to and seek review of
the recommendation within fourteen days of service, 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 defendant’s motion to dismiss [dkt. #20] is DENIED.

It is further ORDERED that the defendant’s request for discovery sanctions is DENIED
without prejudice. If the defendant wishes to renew its request for sanctions, then it may file an
appropriate motion with a bill of costs and fees.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: March 26, 2013
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 March 26, 2013.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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