Applied Underwriters, Inc. v. Top's Personnel, Inc.

Filing 35

MEMORANDUM AND ORDER - The Magistrate Judge's Findings and Recommendation (filing 34 ) are adopted. The defendant's motion to dismiss (filing 27 ) is denied. This matter is referred to the Magistrate Judge for case progression. Ordered by Judge John M. Gerrard. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
APPLIED UNDERWRITERS, INC.,
Plaintiff,

8:15-CV-90

vs.
TOP'S PERSONNEL, INC.,

MEMORANDUM AND ORDER

Defendant.
This matter is before the Court on the Magistrate Judge's Findings and
Recommendation (filing 34) recommending that the Court deny the defendant's
motion to dismiss (filing 27).
Neither party has objected to the Magistrate Judge's recommendation.
Title 28 U.S.C. § 636(b)(1) provides for de novo review of a Magistrate Judge's
findings or recommendations only when a party objects to them. Peretz v. United
States, 501 U.S. 923 (1991). Failure to object to a finding of fact in a Magistrate
Judge's recommendation may be construed as a waiver of the right to object from
the district court's order adopting the recommendation of the finding of fact.
NECivR 72.2(f). And the failure to file an objection eliminates not only the need
for de novo review, but any review by the Court. Thomas v. Arn, 474 U.S. 140
(1985); Leonard v. Dorsey & Whitney LLP, 553 F.3d 609 (8th Cir. 2009); see also
United States v. Meyer, 439 F.3d 855, 858-59 (8th Cir. 2006).
Accordingly, the Court will adopt the Magistrate Judge's recommendation
that the defendant's motion to dismiss be denied.
IT IS ORDERED:
1.

The Magistrate Judge's Findings and Recommendation (filing 34) are
adopted.

2.

The defendant's motion to dismiss (filing 27) is denied.

3.

This matter is referred to the Magistrate Judge for case progression.

Dated this 16th day of June, 2016.
BY THE COURT:
John M. Gerrard
United States District Judge