Maxwell v. Residential Credit Solutions, Inc.

Filing 16

ORDER (1) Adopting 14 Report and Recommendation, (2) Denying Defendant's 8 Motion to Dismiss, and (3) Ordering Defendant to Answer or Otherwise Respond to Complaint. (Response due by 2/4/2015.) Signed by District Judge Matthew F. Leitman. (Monda, H)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KIA MAXWELL,
Plaintiff,

Case No. 14-cv-10355
Hon. Matthew F. Leitman

v.
RESIDENTIAL CREDIT
SOLUTIONS, INC.,
Defendant.
_________________________________/
ORDER (1) ADOPTING REPORT & RECOMMENDATION (ECF #14),
(2) DENYING DEFENDANT’S MOTION TO DISMISS (ECF #8), AND
(3) ORDERING DEFENDANT TO ANSWER OR OTHERWISE RESPOND
TO COMPLAINT
On December 16, 2014, Magistrate Judge Paul J. Komives issued a Report
and Recommendation (the “R&R,” ECF #14) recommending that the Court deny
Defendant Residential Credit Solution, Inc.’s Motion to Dismiss (the “Motion,
ECF #8). The R&R stated that the parties could object to and seek review of the
recommendation within fourteen days. (See the R&R at 8, Pg. ID 142.)
Neither party has objected to the R&R. Failure to file objections to the R&R
waives any further right to appeal. See Howard v. Sec’y of Health and Human
Servs., 932 F.2d 505 (6th Cir. 1991); 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 R&R releases the Court from its duty to independently review

the matter.

See Thomas v. Arn, 474 U.S. 140, 149 (1985).

The Court has

nevertheless reviewed the R&R and agrees with the findings and conclusions of
the Magistrate Judge.
Therefore, IT IS HEREBY ORDERED that the Magistrate Judge’s
December 19, 2014, R&R (ECF #27) is ADOPTED as the Opinion of this Court.
IT IS FURTHER ORDERED, for the reasons stated in the R&R, that
Defendant’s March 21, 2014, Motion to Dismiss (ECF #8) is DENIED. IT IS
FINALLY ORDERED that Defendant shall answer or otherwise respond to
Plaintiff’s Complaint (ECF #1) by no later than February 4, 2015.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: January 13, 2015
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on January 13, 2015, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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