Hitachi Medical Systems America, Inc. v. Branch et al

Filing 322

Memorandum Opinion and Order The Court adopts Magistrate Judge Limbert's 314 Report and Recommendation. Plaintiff Hitachi Medical Systems America, Inc.'s 298 Request for Entry of Judgment as to Defendant Daniel Branch is granted. Judge Benita Y. Pearson on 5/13/2011. (S,L)

(5:09CV01575)
PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
HITACHI MEDICAL SYSTEMS
AMERICA, INC.,
Plaintiff,
v.
DAVID BRANCH, et al.,
Defendants.

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CASE NO. 5:09cv1575

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER (Regarding ECF No. 314)

Before the Court is the Report and Recommendation of Magistrate Judge George J.
Limbert recommending that Plaintiff Hitachi Medical Systems America, Inc.’s Request for Entry
of Judgment as to Defendant Daniel Branch be admitted.1 ECF Nos. 314, 298.
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 the magistrate judge’s report without review. See Thomas, 474 U.S. at 149.
In the instant case, Defendant Daniel Branch has not filed objections to the Report and

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The matter was referred to Magistrate Judge George J. Limbert for general pretrial
supervision and for the preparation of a Report and Recommendation on dispositive motions
pursuant to Local Rule 72.2. See ECF No. 68.

(5:09CV01575)
Recommendation. The Court finds that the Report and Recommendation is supported by the
record, and agrees with the recommendation of Magistrate Judge Limbert to issue a judgment
entry in favor of Plaintiff Hitachi Medical Systems America, Inc. and against Defendant Daniel
Branch. ECF No. 314.
Accordingly, the Court adopts Magistrate Judge Limbert’s Report and Recommendation.
Plaintiff Hitachi Medical Systems America, Inc.’s Request for Entry of Judgment as to Defendant
Daniel Branch is granted. ECF No. 298.

IT IS SO ORDERED.

May 13, 2011
Date

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

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