Equal Employment Opportunity Commission v. Correct Care Solutions, LLC

Filing 66

ORDER RULING adopting 62 Report and Recommendation, granting 36 Motion to Dismiss Plaintiff Equal Employment Opportunity Commission as a Party Plaintiff, denying an award of attorneys fees, and dismissing the case with prejudice. Signed by Honorable Mary Geiger Lewis on 7/10/2017. (cbru, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, vs. CORRECT CARE SOLUTIONS, LLC, Defendant. § § § § § § CIVIL ACTION NO. 3:15-4655-MGL-TER § § § § § § ORDER ADOPTING THE REPORT AND RECOMMENDATION, GRANTING PLAINTIFF’S MOTION TO DISMISS, DISMISSING THE CASE WITH PREJUDICE, AND DENYING AN AWARD OF ATTORNEY’S FEES Thi is an employment discrimination action. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting Plaintiff’s motion to dismiss be granted, the case be dismissed with prejudice, and an award of attorney’s fees be denied. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1). The Magistrate Judge filed the Report on June 23, 2017, but neither party filed any objections to the Report. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead 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 & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985). After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court Plaintiff’s motion to dismiss is GRANTED, the case is DISMISSED WITH PREJUDICE, and an award of attorney’s fees is DENIED. IT IS SO ORDERED. Signed this 10th day of July, 2017, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE 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?