DiOrio v. TMI Hospitality

Filing 52

Memorandum Opinion and Order: The Court has reviewed Magistrate Judge Limbert's report and recommendation and adopts the same. Accordingly, defendant's motion for reasonable attorney fees and costs in the amount of $12,224.97 is granted, and shall be paid by plaintiff within 30 days. (Related Doc. No. #47 ). Judge Sara Lioi on 6/6/2017. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JEANNE DIORIO,
PLAINTIFF,
vs.
TMI HOSPITALITY,
DEFENDANT.

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CASE NO. 4:15-cv-1710
JUDGE SARA LIOI
MEMORANDUM OPINION AND
ORDER

Before the Court is the motion of defendant for reasonable attorney fees and expenses in the
amount of $12,224.97, incurred in opposing the motion of plaintiff Jeanne to compel discovery (Doc.
No. 43), and the report and recommendation of Judge George Limbert recommending that the
motion be granted (Doc. No. 47 [“R&R”]).
Under the relevant statute:
Within fourteen days after being served with a copy, any party may serve and file
written objections to such proposed findings and recommendations as provided by
rules of court. A judge of the court shall make a de novo determination of those
portions of the report or specified proposed findings or recommendations to which
objection is made.
28 U.S.C. ' 636(b)(1)(C).
The failure to file written objections to the report and recommendation of a magistrate judge
constitutes a waiver of a de novo determination by the district court of an issue covered in the report.
Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); see United States v.

Walters, 638 F.2d 947 (6th Cir. 1981). Plaintiff is represented by counsel. The time period for filing
objections has passed and no objections to the R&R have been filed.
The Court has reviewed Magistrate Judge Limbert’s report and recommendation and adopts
the same. Accordingly, defendant’s motion for reasonable attorney fees and costs in the amount of
$12,224.97 is granted, and shall be paid by plaintiff within thirty (30) days.
IT IS SO ORDERED.

Dated: June 6, 2017
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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