Bates v. The Scotts Company, et al

Filing 36

ORDER adopting Report and Recommendations re 35 Report and Recommendations. The parties are further ORDERED to submit a joint stipulation of dismissal within thirty days of the date of this Order. Signed by District Judge Travis R McDonough on 9/24/18. (KFB, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
BRYAN BATES and RAINER
SCHMEISHEL,
Plaintiffs,
v.
THE SCOTTS COMPANY, LLC, and EG
SYSTEMS, INC.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 3:17-cv-408
Judge Travis R. McDonough
Magistrate Judge H. Bruce Guyton

ORDER

On September 7, 2018, United States Magistrate Judge H. Bruce Guyton filed his report
and recommendation pursuant to 28 U.S.C. § 636(b)(1). (Doc. 35.) Magistrate Judge Guyton
recommended that the parties’ motion for approval of settlement and incorporated memorandum
of law (Doc. 33) be approved in its entirety. (Doc. 35.) Neither party has filed any objections to
Magistrate Judge Guyton’s report and recommendation.1 Additionally, as noted by Magistrate
Judge Guyton, the parties submit that the proposed settlement is fair and reasonable. (Id. at 3–4.)
Nevertheless, the Court has conducted a review of the report and recommendation, as well as the
record, and it agrees with Magistrate Judge Guyton’s well-reasoned conclusions. Accordingly,

1

Magistrate Judge Guyton specifically advised the parties that they had fourteen days in which
to object to the report and recommendation and that failure to do so would waive their right to
appeal. (Doc. 30, at 11 n.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.

the Court will ACCEPT and ADOPT Magistrate Judge Guyton’s report and recommendation
(Doc. 35). The parties’ joint motion for approval of settlement and incorporated memorandum
of law (Doc. 35) is GRANTED. The parties are further ORDERED to submit a joint stipulation
of dismissal within thirty days of the date of this Order.
SO ORDERED.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

2