National Credit Union Administration Board v. Novak

Filing 26

Opinion & Order signed by Judge James S. Gwin on 1/5/17. The Court adopts in whole the Magistrate Judge's Report and Recommendation and dismisses plaintiff's motion for partial summary judgment without prejudice. This case is stayed and statistically terminated, subject to reopening upon motion from either party. (Related Docs. 23 and 25 ) (D,MA)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: NATIONAL CREDIT UNION : ADMIN. BOARD, : : Plaintiff, : : vs. : : JANKO NOVAK, : : Defendant. : : ------------------------------------------------------- Case No. 1:15-CV-1606 OPINION & ORDER [Resolving Doc. Nos. 23, 25] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: In this collection action, Plaintiff National Credit Union sued Defendant Janko Novak for the outstanding balance of a loan.1 The parties consented to a Magistrate Judge hearing the case.2 On May 25, 2016, the Plaintiff moved for partial summary judgment.3 Shortly thereafter, on June 6, 2016, Defendant Novak filed notice of his Chapter 7 Bankruptcy.4 Following Defendant’s bankruptcy filing, Magistrate Judge David Ruiz issued a Report and Recommendation (“R&R”). Magistrate Judge Ruiz recommended denying the Plaintiff’s motion for summary judgment without prejudice, staying all further proceedings, and closing this case until bankruptcy proceedings conclude as required by 11 U.S.C. § 362.5 The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of an R&R to which a party has made an objection.6 Parties must file any 1 Doc. 1. Doc. 9. This case was originally transferred to Magistrate Judge Kenneth McHargh. After Magistrate Judge McHargh’s retirement, Magistrate Judge David Ruiz took over this case. 3 Doc. 23. 4 Doc. 24. 5 Doc. 25. Magistrate Judge Ruiz recommended that this case should be subject to reopening upon motion from either party. This Court agrees. 6 28 U.S.C. § 636(b)(1)(C). 2 Case No. 15-CV-1606 Gwin, J. objections to an R&R within fourteen days of service.7 Failure to object within that time waives a party’s right to have the Court review the R&R.8 Absent objection, a district court may adopt the R&R without review.9 In this case, neither party has objected to the R&R. Moreover, having conducted its own review of the record, this Court agrees with the conclusions of Magistrate Judge Ruiz. Accordingly, the Court ADOPTS in whole Magistrate Judge Ruiz’s R&R and incorporates it fully herein by reference. The Court DISMISSES WITHOUT PREJUDICE the Plaintiff’s motion for partial summary judgment. IT IS SO ORDERED. Dated: January 5, 2017 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 7 Fed. R. Civ. P. 72(b)(2); LR 72.3(b). LR 72.3(b); see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). 9 See Thomas, 474 U.S. at 149. 8 -2-

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