Dorr v. Fitness International LLC et al
ORDER GRANTING Defendant's Motion to Dismiss 12 . Signed by District Judge Laurie J. Michelson. (KJac)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 17-cv-10337
Honorable Laurie J. Michelson
Magistrate Judge Elizabeth A. Stafford
FITNESS INTERNATIONAL LLC
d/b/a LA FITNESS LLC
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS 
Before the Court is Magistrate Judge Elizabeth A. Stafford’s September 28, 2017, Report
and Recommendation. (R. 20.) At the conclusion of her Report and Recommendation, Magistrate
Judge Stafford notified the parties that they were required to file any objections within fourteen
days of service, as provided in Federal Rule of Civil Procedure 72(b)(2) and Eastern District of
Michigan Local Rule 72.1(d), and that “[f]ailure to file specific objections constitutes a waiver of
any further right of appeal.” (R. 20, PID 203.) Objections were due on October 16, 2017. It is now
November 7, 2017. As such, the time to file objections has expired. No objections have been filed.
The Court finds that the parties’ failure to object is a procedural default, waiving review of
the Magistrate Judge’s findings by this Court. In United States v. Walters, 638 F.2d 947, 949–50
(6th Cir. 1981), the Sixth Circuit established a rule of procedural default, holding that “a party
shall file objections with the district court or else waive right to appeal.” And in Thomas v. Arn,
474 U.S. 140, 144 (1985), the Supreme Court explained that the Sixth Circuit’s waiver-ofappellate-review rule rested on the assumption “that the failure to object may constitute a
procedural default waiving review even at the district court level.” 474 U.S. at 149; see also
Garrison v. Equifax Info. Servs., LLC, No. 10-13990, 2012 WL 1278044, at *8 (E.D. Mich. Apr.
16, 2012) (“The Court is not obligated to review the portions of the report to which no objection
was made.” (citing Thomas, 474 U.S. at 149–52)). The Court further held that this rule violates
neither the Federal Magistrates Act nor the Federal Constitution.
The Court therefore finds that the parties have waived further review of the Magistrate
Judge’s Report and accepts her recommended disposition. It follows that the motion to dismiss
filed by Defendant Fitness International LLC (R. 12) is GRANTED. Accordingly, the case is
dismissed without prejudice.
Dated: November 7, 2017
s/Laurie J. Michelson
LAURIE J. MICHELSON
U.S. DISTRICT JUDGE
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record
and any unrepresented parties via the Court=s ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on November 7, 2017.
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