HOBSON et al v. AMERICAN BANKERS INSURANCE OF FLORIDA

Filing 18

MEMORANDUM OPINION filed. Signed by Judge Mary L. Cooper on 2/13/2015. (eaj)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
ROBERT HOBSON, et al.,
:
:
Plaintiffs,
:
:
v.
:
:
AMERICAN BANKERS INSURANCE :
OF FLORIDA,
:
:
Defendant.
:
:

CIVIL ACTION NO. 14-948 (MLC)
MEMORANDUM OPINION

THE MAGISTRATE JUDGE ordered the parties to show cause why the
complaint should not be dismissed with prejudice based on the plaintiffs’ failure to
comply with certain orders. (See dkt. entry no. 9, 9-19-14 Order to Show Cause.) A
review of the docket reveals that the plaintiffs failed to respond to the Order to Show
Cause. The Magistrate Judge addressed the matter in a Report and Recommendation,
entered January 12, 2015, because a dismissal with prejudice is dispositive. (See dkt.
entry no. 17, 1-12-2015 Report & Recommendation (“R&R”).) See Poulis v. State Farm
Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir. 1984); see also 28 U.S.C. § 636(b)(1);
Fed.R.Civ.P. 72(b)(1); L.Civ.R. 72.1(a)(2). The Magistrate Judge recommended that this
Court dismiss the complaint with prejudice. (See R&R at 6.)
ANY PARTY to the action could have filed specific objections to the Magistrate
Judge’s Report and Recommendation, whereupon this Court would have conducted a de

novo review. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(2)–(3); L.Civ.R. 72.1(c)(2).
The time for filing such objections has expired by any measure; no objections have been
filed. See 28 U.S.C. § 636(b)(1) (providing 14 days to object); Fed.R.Civ.P. 72(b)(2)
(same); L.Civ.R. 72.1(c)(2) (same); see also Fed.R.Civ.P. 6(d) (providing additional three
days to respond in certain instances); L.Civ.R. 5.2(5) (reiterating Federal Rule of Civil
Procedure 6(d)); Fed.R.Civ.P. 6(a) (directing, inter alia, that if clerk’s office is
inaccessible, then response period is extended to first accessible day that is not Saturday,
Sunday, or legal holiday).
THIS COURT, upon reviewing the Report and Recommendation of the
Magistrate Judge, accepts and agrees with all of the findings and recommendations. For
good cause appearing, the Court will issue an appropriate order and judgment.

s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated: February 13, 2015

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