Colston v. Gallagher Bassett Services

Filing 17

OPINION & ORDER Adopting Report and Recommendation 15 Pltf's amended complaint is hereby dismissed without prejudice to refilling in the appropriate jurisdiction. Signed by District Judge Nancy G. Edmunds. (CBet)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MARK COLSTON,
Case No. 17-10084
Plaintiff,
Honorable Nancy G. Edmunds
v.
GALLAGHER BASSETT SERVICES,
Defendant.
/

OPINION AND ORDER ACCEPTING THE MAGISTRATE JUDGE’S SEPTEMBER 26,
2017 REPORT AND RECOMMENDATION [15]
Currently before the Court is the magistrate judge’s September 26, 2017 report and
recommendation. The Court is fully advised in the premises and has reviewed the record
and the pleadings. Neither party has filed objections. “[T]he failure to object to the
magistrate judge’s report[] releases the Court from its duty to independently review the
matter.” Hall v. Rawal, 09-10933, 2012 WL 3639070, at *1 (E.D. Mich. Aug. 24, 2012)
(citation omitted). The Court nevertheless agrees with the magistrate judge’s
recommendation.
The Court agrees that it lacks subject matter jurisdiction over Plaintiff's claims because
they are barred by the Michigan Worker's Disability Compensation Act and its exclusive
remedy provision. See Mich. Comp. Laws §§ 418.131, 418.827; Mack v. Strategic
Materials, Inc., 270 F. Supp. 2d 934, 939 (E.D. Mich. 2003), aff'd, 106 F. App'x 1000 (6th
Cir. 2004). The Court further notes that, in case number 2:17-cv-10076 previously filed by
Plaintiff alleging the same set of facts as in the instant case, the magistrate judge entered

a report and recommendation explaining that the Court lacks subject matter jurisdiction.
(Dkt. # 32, Pg ID 156-58). Plaintiff likewise failed to timely object to the report and
recommendation in the previous case.
The Court therefore ACCEPTS and ADOPTS the magistrate judge’s report and
recommendation. It is further ordered that Plaintiff's Amended Complaint (Dkt. # 6) is
hereby DISMISSED without prejudice to refiling in the appropriate jurisdiction.
SO ORDERED.

s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: November 7, 2017
I hereby certify that a copy of the foregoing document was served upon counsel of record
on November 7, 2017, by electronic and/or ordinary mail.
s/Carol J. Bethel
Case Manager

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