Anderson et al v. ING Life Insurance and Annuity Company et al

Filing 41

Order Adopting 40 Report and Recommendation of Magistrate Judge Burke. The parties' stipulated dismissal will be approved. Signed by Judge David D. Dowd, Jr. on 11/5/2012. (M,De)

DOWD, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
Conway Anderson, et al.,
Plaintiffs,
v.
ING Life Insurance and Annuity Company,
et al.,
Defendants.

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CASE NO. 5:11 CV 2502

MEMORANDUM OPINION

The Court referred this case to Magistrate Judge Kathleen Burke for general pretrial
supervision. While under Magistrate Judge Burke’s supervision, this case was settled and a
joint stipulated notice of dismissal with prejudice was filed. ECF 39. Magistrate Judge Burke
has recommended that the Court approve the stipulation and dismiss the case with prejudice,
with costs allocated to plaintiffs. ECF 40.
Under the relevant statute:
[T] magistrate judge shall file [her] proposed findings and
recommendations under subparagraph (B) with the court and a
copy shall forthwith be mailed to all parties.
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).

(5:11 CV 2502)
No objections have been filed to Magistrate Judge Burke’s report and recommendation.
The failure to file written objections to a Magistrate Judge’s report and recommendation
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).
The Court has reviewed the Magistrate Judge’s Report and Recommendation and adopts
the same. Accordingly, the parties’ stipulated dismissal will be approved.

IT IS SO ORDERED.

November 5, 2012
Date

s/ David D. Dowd, Jr.
David D. Dowd, Jr.
U.S. District Judge

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