Tomassi v. Medical Recovery Systems Inc.

Filing 11

OPINION & ORDER Adopting in part & rejecting in part Magistrate's Report and Recommendation 10 ; defendant's Motion to Dismiss is granted. 8 Signed by District Judge Nancy G. Edmunds. (CBet)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Daniel Tomassi,
Case No. 14-10929
Plaintiff,
Honorable Nancy G. Edmunds
v.
Medical Recovery Systems, Inc.,
Defendant.
/
OPINION AND ORDER ACCEPTING IN PART AND REJECTING IN PART
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION [10]
This matter comes before the Court on the Magistrate Judge's October 14, 2014
Report and Recommendation. Being fully advised in the premises and having reviewed the
record and the pleadings, the Court hereby REJECTS IN PART and ACCEPTS IN PART
the Magistrate Judge's Report and Recommendation.1
The Magistrate Judge recommended that Defendant’s motion to dismiss pursuant to
Federal Rule of Procedure 12(b)(6) be granted, but that the Court should provide Plaintiff
an opportunity to amend the complaint as exemplified in Wallack v. Mercantile Adjustments
Bureau, Inc., No. 14-10387, 2014 WL 1515852, at *3 (E.D. Mich. Apr. 18, 2014) (Rosen,
C.J.). In Wallack, however, the court noted that just as it was about to issue its opinion
dismissing the case, an attorney entered an appearance on the plaintiff’s behalf. Id. at *3,
n.2. The court noted that this was “an important factor” in its decision to allow the plaintiff
to amend his complaint. Id.

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No timely objections were filed.

In this case, no attorney for Plaintiff has filed an appearance. Indeed, Plaintiff failed
to respond to Defendant’s motion to dismiss and also failed to file any objections to the
Magistrate Judge’s Report and Recommendation. Accordingly, in contrast to Wallack, this
Court declines to provide Plaintiff with an unrequested opportunity to amend his complaint.
Defendant’s motion to dismiss is GRANTED.
SO ORDERED.
S/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: November 18, 2014
I hereby certify that a copy of the foregoing document was served upon counsel of
record on November 18, 2014, by electronic and/or ordinary mail.
S/Carol J. Bethel
Case Manager

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