Bodman v. Aramark Corporation et al

Filing 36

ORDER Adopting Report and Recommendation for 35 Report and Recommendation, Granting Defendant Aramark's 23 Motion to Dismiss, and Dismissing Complaint. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHESTER BODMAN,
Plaintiff,
v.

Case Number 14-14420
Honorable David M. Lawson
Magistrate Judge Anthony P. Patti

ARAMARK CORPORATION, DAVRE
DAVIDSON, BOB MARSHALL, JOSEPH
NEUBAUER, ERIC J. FOSS, and CHRISSY
SHARP,
Defendants.
____________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING DEFENDANT ARAMARK CORPORATION’S
MOTION TO DISMISS, AND DISMISSING COMPLAINT
Presently before the Court is the report issued on October 13, 2015 by Magistrate Judge
Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court grant defendant
Aramark Corporation’s motion to dismiss, dismiss that defendant from the case, and dismiss all of
the plaintiff’s remaining claims under the Court’s screening authority, pursuant to 28 U.S.C. § 1915.
Although the magistrate judge’s report explicitly stated that the parties to this action may object to
and seek review of the recommendation within fourteen days of service of the report, 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 magistrate judge’s report and recommendation [dkt.
#35] is ADOPTED.

It is further ORDERED that defendant Aramark Corporation’s motion to dismiss [dkt. #23]
is GRANTED.
It is further ORDERED that the complaint is DISMISSED WITH PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: November 6, 2015
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 November 6, 2015.
s/Susan Pinkowski
SUSAN PINKOWSKI

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