Colston v. Liebeck et al

Filing 57

ORDER Adopting 50 Report and Recommendation and Denying Defendants' Motions for Default Judgment and for Immediate Consideration for Jury Trial Based on Default Judgment (Dkts. 32 , 47 , and 45 ). Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARK COLSTON and TAMMIE
JANIS,
Plaintiffs,
Case No. 15-14314
Hon. Terrence G. Berg
Hon. Mona K. Majzoub

v.
ROBERT LIEBECK, STEVE
LIEBECK, and CHELSEA
HOMETOWN,
Defendants.

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION (DKT. 50) AND DENYING DEFENDANTS’
MOTIONS FOR DEFAULT JUDGMENT AND FOR IMMEDIATE
CONSIDERATION FOR JURY TRIAL BASED ON DEFAULT JUDGMENT
(DKTS. 32, 47, and 45)
This matter is before the Court on Magistrate Judge Mona K. Majzoub’s December
7, 2016 report and recommendation (Dkt. 50), recommending that Defendant’s
outstanding motions (Dkts. 32, 45, and 47) be denied.
The Court has carefully reviewed the Magistrate Judge’s report and
recommendation, and finds it well reasoned and supported by the relevant law. The
law provides that either party may serve and file written objections “[w]ithin fourteen
days after being served with a copy” of the report and recommendations.
28 U.S.C. § 636(b)(1). If a party files written objections, the district court will make a
“de novo determination of those portions of the report . . . to which objection is made.”
Id. As of this date, no party filed any objections to the report and recommendation,

and the time to do so has now expired, meaning the district court is not obligated to
review the record independently. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
The Court will therefore accept the Magistrate Judge’s report and recommendation
of September 28, 2016, as this Court’s findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Majzoub’s Report and
Recommendation of September 28, 2016 (Dkt. 50) is ACCEPTED and ADOPTED.
It is FURTHER ORDERED that Defendant’s motions (Dkts. 32, 45, and 47) are
DENIED.

SO ORDERED.

Dated: December 29, 2016

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

Certificate of Service
I hereby certify that this Order was electronically submitted on December 29,
2016, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

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