Dobrski v. Ford Motor Company

Filing 77

Memorandum Opinion and Order The Court adopts Magistrate Judge Kenneth S. McHargh's Report and Recommendation. ECF No. 76 . Plaintiff Vincent Dobrski is ordered to pay Defendant Ford Motor Company a total of $4,444.90, with at least one thousand dollars $1,000.00 payable within 14 days from the date of this Order. Judge Benita Y. Pearson on 5/14/2012. (S,L)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
VINCENT DOBRSKI,
Plaintiff,
v.
FORD MOTOR COMPANY,
Defendant.

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CASE NO. 1:09CV00963

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER (Resolving ECF No. 76)

Before the Court is the Report and Recommendation of Magistrate Judge Kenneth S.
McHargh recommending that the Court sanction Plaintiff Vincent Dobrski in the form of
payment to Defendant Ford Motor Company a total of four thousand, four hundred, forty-four
dollars and ninety cents ($4,444.90), with at least one thousand dollars ($1,000.00) payable
within fourteen days.1 ECF No. 76.
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a Report and Recommendation to which the parties have made an objection. 28
U.S.C. § 636(b)(1)(C). Any further review by this Court would be a duplicative and inefficient
use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, Thomas
v. Arn, 474 U.S. 140, 145 (1985); Howard v. Sec’y of Health and Human Services, 932 F.2d 505
(6th Cir. 1991); U.S. v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Parties must file
objections to a Report and Recommendation within fourteen days of service. Id.; Fed. R. Civ. P.
72(b)(2). Failure to object within this time waives a party’s right to appeal the district court’s
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In an earlier ruling, the Court adopted the magistrate judge’s recommendation to grant
Defendant Ford Motor Company’s Motion for Sanctions, and directed the magistrate judge to
conduct a hearing to determine Plaintiff Vincent Dobrski’s sanction. See ECF No. 69.

(1:09CV00963)
judgment. Thomas, 474 U.S. at 145. Absent objection, a district court may adopt a magistrate
judge’s report without review. See Thomas, 474 U.S. at 149.
In the instant case, Plaintiff has not filed objections to the Report and Recommendation.
The Court finds that the Report and Recommendation is supported by the record, and agrees with
the recommended sanction. ECF No. 76.
Accordingly, the Court adopts Magistrate Judge Kenneth S. McHargh’s Report and
Recommendation. ECF No. 76. Plaintiff Vincent Dobrski is ordered to pay Defendant Ford
Motor Company a total of four thousand, four hundred, forty-four dollars and ninety cents,
($4,444.90), with at least one thousand dollars ($1,000.00) payable within fourteen (14) days
from the date of this Order.

IT IS SO ORDERED.

May 14, 2012
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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