Curry v. Cuyahoga Valley Christian Academy

Filing 19

Order Adopting 18 Report and Recommendation of Magistrate Judge's Report and Recommendation. The parties' stipulated dismissal will be approved subject to the modification recommended by Magistrate Judge Burke that the stipulation be changed so that this Court retains jurisdiction over the settlement. Signed by Judge David D. Dowd, Jr. on 8/6/2012. (M,De)

DOWD, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
Vincent B. Curry,
Plaintiff,
v.
Cuyahoga Valley Christian Academy,

Defendant.

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CASE NO. 5:12 CV 887

MEMORANDUM OPINION

The Court referred this case to Magistrate Judge Burke for mediation. A settlement was
reached at the mediation and, in accordance with Magistrate Judge Burke’s order, a joint
proposed stipulation of dismissal with prejudice was filed by the parties. ECF 17.
After reviewing the proposed stipulation of dismissal with prejudice, Magistrate Judge
Burke recommended that the Court approve the stipulation with one modification. ECF 18. The
stipulation provided that jurisdiction be retained by Magistrate Judge Burke to enforce specified
provisions of the settlement agreement. Magistrate Judge Burke recommends that the stipulation
be changed so that the Court, and not Magistrate Judge Burke, retains jurisdiction over the
settlement.
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

(5:12 CV 887)
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).
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 subject to the
modification recommended by Magistrate Judge Burke.
IT IS SO ORDERED.

August 6, 2012
Date

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

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