Mixdorf v. AIG Federal Savings Bank

Filing 55

MEMORANDUM DECISION AND ORDER ADOPTING 46 REPORT AND RECOMMENDATIONS and granting 18 Motion for Summary Judgment. Signed by Judge David Nuffer on 4/21/14 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
ROBERT JAMES MIXDORF,
Plaintiff,

MEMORANDUM DECISION AND
ORDER ADOPTING [46] REPORT &
RECOMMENDATION

v.
Case No. 2:13-cv-307 DN
AIG FEDERAL SAVINGS BANK,
District Judge David Nuffer
Defendant.

The Report & Recommendation by United States Magistrate Judge Brooke C. Wells
issued on March 12, 2014 1 recommends that this court (1) grant Defendant and Counter-plaintiff
AIG Federal Savings Bank's ("AIG") Motion for Summary Judgment 2 on all claims and (2) enter
judgment in favor of AIG and against Plaintiff and Counter-defendant Robert James Mixdorf
("Mixdorf") in the amount of $51,735.01, plus post-judgment interest and taxable costs of court.
The parties were notified of their right to file objections to the Report &
Recommendation within 14 days of service pursuant to 28 U.S.C. § 636(b) and Fed.R.Civ.P.
72(b). On March 26, 2014, Mixdorf filed a Motion for Enlargement of Time 3 to object to the
Report & Recommendation. Mixdorf's motion was granted, and Mixdorf was ordered to file any
objections on or before April 11, 2014. 4 On April 11, 2014, Mixdorf filed a second motion for
extension of time to file objections, 5 which was essentially identical to his first motion. This

1

Docket no. 46.

2

Docket no. 18, filed August 21, 2013.

3

Docket no. 49.

4

Docket Text Order, docket no. 51, entered March 31, 2014.

5

[Second] Motion for Enlargement of Time, docket no. 52, filed April 11, 2014.

second motion was denied on April 17, 2014. 6 Notwithstanding the first extension to object,
Mixdorf has failed to file any objection to the Report & Recommendation. As of the date of this
order, no objections to the Report & Recommendation have been filed by either of the parties.
Pursuant to 28 U.S.C. § 636(b) and Fed.R.Civ.P. 72(b)(3), after reviewing de novo all
materials, including the record that was before the magistrate judge and the reasoning set forth in
the Report & Recommendation, the analysis and conclusion of the magistrate judge is found to
be correct and will be adopted. Accordingly,
IT IS HEREBY ORDERED that the Report & Recommendation 7 is ADOPTED.
IT IS FURTHER ORDERED that AIG's Motion for Summary Judgment 8 is GRANTED.
IT IS FURTHER ORDERED that judgment is entered against Robert James Mixdorf in
the amount of $51,735.01, plus post-judgment interest and taxable costs of court.
The Clerk shall close the case.
Signed April 21, 2014.
BY THE COURT:

________________________________________
David Nuffer
United States District Judge

6

Docket Text Order, docket no. 54, entered April 17, 2014.

7

Docket no. 46, entered March 12, 2014.

8

Docket no. 18, filed August 21, 2013.

2