Collett et al v. Lowe's Home Centers, LLC et al

Filing 12

REPORT AND RECOMMENDATIONS THAT THIS CASE BE DISMISSED. Objections to R&R due by 10/9/2018. Signed by Magistrate Judge Michael J. Newman on 9/24/2018. (srb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
RICHARD COLLETT, et al.,
Plaintiffs,

Case No. 3:18-cv-43

vs.
LOWE’S HOME CENTERS, LLC, et al.,

District Judge Walter H. Rice
Magistrate Judge Michael J. Newman

Defendants.
______________________________________________________________________________
REPORT AND RECOMMENDATION1 THAT THIS CASE BE DISMISSED
______________________________________________________________________________
The undersigned, having been advised that the above-captioned matter has been settled,
RECOMMENDS that this action be DISMISSED, with prejudice as to all parties, provided that
any of the parties may, upon good cause shown within thirty (30) days following adoption of this
Report and Recommendation, reopen the action if settlement is not consummated.

Parties

intending to preserve this Court’s jurisdiction to enforce the settlement should be aware of
Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381-82 (1994), and incorporate
appropriate language in any substituted judgment entry.

Date:

September 24, 2018

1

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge

Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendation.

NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections
to the proposed findings and recommendations within FOURTEEN days after being served with
this Report and Recommendation. This period is not extended by virtue of Fed. R. Civ. P. 6(d) if
served on you by electronic means, such as via the Court’s CM/ECF filing system. If, however,
this Report and Recommendation was served upon you by mail, this deadline is extended to
SEVENTEEN DAYS by application of Fed. R. Civ. P. 6(d). Parties may seek an extension of the
deadline to file objections by filing a motion for extension, which the Court may grant upon a
showing of good cause.
Any objections filed shall specify the portions of the Report and Recommendation objected
to, and shall be accompanied by a memorandum of law in support of the objections. If the Report
and Recommendation is based, in whole or in part, upon matters occurring of record at an oral
hearing, the objecting party shall promptly arrange for the transcription of the record, or such
portions of it as all parties may agree upon or the Magistrate Judge deems sufficient, unless the
assigned District Judge otherwise directs.
A party may respond to another party’s objections within FOURTEEN days after being
served with a copy thereof. As noted above, this period is not extended by virtue of Fed. R. Civ.
P. 6(d) if served on you by electronic means, such as via the Court’s CM/ECF filing system. If,
however, this Report and Recommendation was served upon you by mail, this deadline is extended
to SEVENTEEN DAYS by application of Fed. R. Civ. P. 6(d).
Failure to make objections in accordance with this procedure may forfeit rights on appeal.
See Thomas v. Arn, 474 U.S. 140, 153-55 (1985); United States v. Walters, 638 F.2d 947, 949-50
(6th Cir. 1981).