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, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE JAMES STEWART, Plaintiff, v. RENE ROSALES and JC TIRES LLC, Defendants. ) ) ) ) ) ) ) ) ) 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. 1 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 2

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