Stewart v. Rosales et al

Filing 36

ORDER accepting and adopting 35 Report and Recommendations ; granting 29 Motion for Settlement. Parties are ORDERED to file a stipulation of dismissal within thirty days. Signed by District Judge Travis R McDonough on 1/31/2017. (AML, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
JAMES STEWART,
Plaintiff,
v.
RENE ROSALES and JC TIRES LLC,
Defendants.

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Case No. 2:16-cv-123
Judge Travis R. McDonough
Magistrate Judge Clifton L. Corker

ORDER

On January 13, 2017, United States Magistrate Judge Clifton L. Corker filed his Report
and Recommendation (Doc. 35) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil
Procedure 72(b). Magistrate Judge Corker recommended that the settlement in this matter be
approved, and the case be dismissed.
Neither party has filed 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 Corker’s well
reasoned conclusions.

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Magistrate Judge Corker specifically advised the parties that they have fourteen days in which
to object to the Report and Recommendation and that failure to do so would waive any right to
appeal. (Doc. 35, at 5); 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 Federal Rule of Civil Procedure 6(d), the period in which the parties
could timely file any objections has now expired.

Accordingly, the Court:
1.

ACCEPTS and ADOPTS Magistrate Judge Corker’s Report and
Recommendation (Doc. 35);

2.

GRANTS the parties’ joint motion for order approving resolution of FLSA claim
(Doc. 29); and

3.

ORDERS the parties to file a stipulation of dismissal pursuant to Federal Rule of
Civil Procedure 41(a)(1)(A)(ii) within thirty days.

SO ORDERED.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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