Jackson v. Fuji Photo Film Inc et al

Filing 18

REPORT AND RECOMMENDATIONS that the defendant's 9 MOTION to Dismiss filed by FUJIFILM Manufacturing USA Inc, Fuji Photo Film Inc, be GRANTED in part and the entire matter STAYED pending the District Court's treatment of the undersigned� 39;s recommendation, in Jackson v. FUJIFILM Manufacturing USA, Inc., CA No. 8:09-1328-RBH-BHH. The defendant has leave to renew its motion to dismiss on all or some of the grounds already advanced at such time. Objections to R&R due by 12/2/2010. Signed by Magistrate Judge Bruce Howe Hendricks on 11/15/10. (Attachments: # 1 Objection Notice)(kmca) Modified on 11/16/2010: to capitalize STAYED per chambers (kmca).

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Notice of Right to File Objections to Report and Recommendation The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. “[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 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); see Fed. R. Civ. P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to: Larry W. Propes, Clerk United States District Court 300 East Washington St, Room 239 Greenville, South Carolina 29601 Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).

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