Obitts, et al v. Bledsoe County Board of Education et al

Filing 28

ORDER granting 17 Motion for Settlement; adopting Report and Recommendations re 25 Report and Recommendations; The Parties are hereby ORDERED to file a Joint Stipulation of Dismissal of this action on or before May 31, 2017. See Fed. R. Civ. P. 41(a)(1)(A)(ii). Signed by District Judge Harry S Mattice, Jr on 4/27/2017. (DJH, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
J.O., et al.,
Plaintiffs,
v.
BLEDSOE COUNTY BOARD
OF EDUCATION, et al.,
Defendants.

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Case No. 1:15-cv-329
Judge Mattice
Magistrate Judge Lee

ORDER
On April 4, 2017, United States Magistrate Judge Susan K. Lee filed her Report
and Recommendation, (Doc. 25), pursuant to 28 U.S.C. § 636(b)(1). Magistrate Judge
Lee recommended that the Parties’ Joint Motion for Approval of Minor Settlement,
(Doc. 17), be granted “subject to the . . . condition that the minor’s parents hold the
settlement funds for the minor Plaintiff that remain after the deduction of costs and the
attorney’s fee award in an interest-bearing account until the minor Plaintiff reaches the
age of majority.” (Doc. 25 at 7–8).
The Parties have filed no objections to the Magistrate Judge’s Report and
Recommendation.1 Nevertheless, the Court has conducted a review of the Report and
Recommendation, as well as the record, and it agrees with Magistrate Judge Lee’s wellreasoned conclusions.
Magistrate Judge Lee specifically advised the Parties that they had 14 days in which to object to the
Report and Recommendation and that failure to do so would waive their right to appeal. (Doc. 25 at 8
n.3); see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting that “[i]t
does not appear that Congress intended to require district court review of a magistrate’s factual or legal
conclusions, under a de novo or any other standard, when neither party objects to those findings”). Even
taking into account the three additional days for service provided by Fed. R. Civ. P. 6(d), the period in
which the Parties could timely file any objections has now expired.
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Accordingly:


The Court hereby ACCEPTS and ADOPTS Magistrate Judge Lee’s
findings of fact, conclusions of law, and recommendations, (Doc. 25),
pursuant to § 636(b)(1) and Fed. R. Civ. P. 72(b);



The Parties’ Joint Motion for Approval of Minor Settlement, (Doc. 17), is
hereby GRANTED, subject to the conditions outlined in Magistrate Judge
Lee’s Report and Recommendation; and



The Parties are hereby ORDERED to file a Joint Stipulation of Dismissal
of this action on or before May 31, 2017. See Fed. R. Civ. P.
41(a)(1)(A)(ii).

SO ORDERED this 27th day of April, 2017.

/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE