Porchea v. Google Inc et al
Filing
29
ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant; denying 6 Motion to Dismiss for Failure to State a Claim; denying 9 Motion to Dismiss for Failure to State a Claim; denying 12 Motion to Dismiss for Failure to State a Claim; denying 15 Motion to Dismiss for Failure to State a Claim. Signed by Honorable Richard M Gergel on 11/23/2015.(cwhi, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Tracy Porchea,
Plaintiff,
vs.
Google, Inc.; Whiting-Turner Contracting
Company; Cleveland Electric Company;
and Allison-Smith Company, LLC,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
No.2: 15-cv-2783-RMG
ORDER
)
This matter comes before the Court on the Report and Recommendation ("R & R") of the
Magistrate Judge (Dkt. No. 23), recommending that the Defendants' motions to dismiss (Dkt.
Nos. 6, 9, 12, and 15) be denied. The parties were advised of their right to file objections to the
R & R and a failure to file timely objections would result in limited review by the District Court
and waiver of the right to appeal the judgment of the District Court. (Dkt. No. 23 at 25). No
party timely filed objections to the R & R.
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and the responsibility to make a final determination remains with the
Court. Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court may "accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate." 28
U.S.c. § 636(b)(l). This Court is charged with making a de novo determination of those
portions of the R & R or specified proposed findings or recommendations to which objection is
made. Diamondv. Colonial Life & Ace. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting 28
U.S.C. § 636(b)(1)); accord Fed. R. Civ. P. 72(b). However, as to portions of the R & R to
which no objection is made, this Court "must 'only satisfy itself that there is no clear error on the
face of the record in order to accept the recommendation.'" Diamond v. Colonial Life & Ace.
Ins. Co., 416 F.3d 310,315 (4th Cir. 2005) (quoting Fed. R. Civ. P 72 advisory committee note).
Additionally, the Court need not give any explanation for adopting the R & R in the absence of
specific objections by the parties. See Camby v. Davis, 718 F.2d 198,200 (4th Cir. 1983)
("Absent objection, we do not believe that any explanation need be given for adopting the
report.").
The Court has reviewed the Complaint in this matter, the R & R of the Magistrate Judge,
and the relevant case law. The Magistrate Judge ably and thoroughly addressed the factual and
legal issues in this matter and correctly concluded that Defendants are not entitled to dismissal of
their actions. Therefore, the Court ADOPTS the R & R of the Magistrate Judge (Dkt. No. 23)
as the order of the Court, and DENIES Defendants' motions to dismiss (Dkt. Nos. 6,9, 12 and
15).
AND IT IS SO ORDERED.
United States District Judge
NovemberU, 2015
Charleston, South Carolina
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?