Baird et al v. Excel Industries et al

Filing 115

Memorandum Opinion and Order re 107 Report and Recommendation. The Court adopts Magistrate Judge Baughman's Report and Recommendation. ECF No. 107 . The claims against Defendants Dexter Automatic ProductsCompany; Kohler Co.; Active Exhaust Corp.; Engineered Fastener Company, Individually and d/b/a EFC International; and The Gates Corporation, aka The Gates Rubber Company are dismissed without prejudice. Judge Benita Y. Pearson on 7/14/2011. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JASON BAIRD, et al.,
Plaintiffs,
v.
EXCEL INDUSTRIES, INC., et al.,
Defendants.

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CASE NO. 4:10CV1119

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF No. 107]

Before the Court is the Report and Recommendation of Magistrate Judge William H.
Baughman, Jr., recommending, pursuant to the jointly filed Stipulation of Voluntary Dismissal
(ECF No. 101), the dismissal of Plaintiff’s claims against Dexter Automatic Products Company;
Kohler Co.; Active Exhaust Corp.; Engineered Fastener Company, Individually and d/b/a EFC
International; and The Gates Corporation, aka The Gates Rubber Company, without prejudice.1
ECF No. 107.
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). Parties must file any 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 judgment. Thomas v. Arn, 474 U.S. 140, 145 (1985);
United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court
may adopt a magistrate judge’s report without review. See Thomas, 474 U.S. at 149.
1

The matter was referred to Magistrate Judge William H. Baughman, Jr., for general
pretrial supervision pursuant to 28 U.S.C. § 636(c)(1) and Local Rule 73.1. ECF No. 55.

(4:10cv1119)
In the instant case, the parties have 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 recommendation to the voluntary dismissal of Plaintiff’s claims
against the above named Defendants.
Accordingly, the Court adopts Magistrate Judge Baughman’s Report and
Recommendation. ECF No. 107. The claims against Defendants Dexter Automatic Products
Company; Kohler Co.; Active Exhaust Corp.; Engineered Fastener Company, Individually and
d/b/a EFC International; and The Gates Corporation, aka The Gates Rubber Company are
dismissed without prejudice.
IT IS SO ORDERED.

July 14, 2011
Date

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