Oldfield Club v. TI Oldfield Development, LLC, 9:17-cv-0794 DCN. (2019)
Court: District Court, D. South Carolina
Number: infdco20190508801
Filed: Apr. 30, 2019
Latest Update: Apr. 30, 2019
Summary: ORDER DAVID C. NORTON , District Judge . The above referenced case is before this court upon the Special Master's Report and Recommendation (Dkt. No. 120 in 9:17-cv-0452 DCN and Dkt. No. 178 in 9:17-cv-0794 DCN) on the motion filed by Rob Starr to oppose the dismissals and enjoin the settlement agreements of the parties in these two cases during the appeal of the derivative action (9:17-cv-2489 DCN). This court is charged with conducting a de novo review of any portion of the Special Ma
Summary: ORDER DAVID C. NORTON , District Judge . The above referenced case is before this court upon the Special Master's Report and Recommendation (Dkt. No. 120 in 9:17-cv-0452 DCN and Dkt. No. 178 in 9:17-cv-0794 DCN) on the motion filed by Rob Starr to oppose the dismissals and enjoin the settlement agreements of the parties in these two cases during the appeal of the derivative action (9:17-cv-2489 DCN). This court is charged with conducting a de novo review of any portion of the Special Mas..
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ORDER
DAVID C. NORTON, District Judge.
The above referenced case is before this court upon the Special Master's Report and Recommendation (Dkt. No. 120 in 9:17-cv-0452 DCN and Dkt. No. 178 in 9:17-cv-0794 DCN) on the motion filed by Rob Starr to oppose the dismissals and enjoin the settlement agreements of the parties in these two cases during the appeal of the derivative action (9:17-cv-2489 DCN).
This court is charged with conducting a de novo review of any portion of the Special Master's report to which a specific objection is registered. "In acting on a master's order, report, or recommendation, the court must give the parties notice and an opportunity to be heard; may receive evidence; and may adopt or affirm, modify, wholly or partly reject or reverse, or resubmit" the R&R to the Special Mater with instructions. Fed. R. Civ. P. 53(f)(1). The 2003 Advisory Committee Notes state that the "requirement that the court must afford an opportunity to be heard can be satisfied by taking written submissions when the court acts on the report without taking live testimony."1 No objections have been filed to the Special Master's report and recommendation.
A de novo review of the record indicates that the Special Master's report accurately summarizes this case and the applicable law. Accordingly, the Special Master's report and recommendation is ADOPTED, and the motion filed by Mr. Starr is DENIED.
AND IT IS SO ORDERED.
FootNotes
1. Whiel this language is drawn from the Committee Notes to Rule 53(g), in the 2003 version of the Federal Rules of Civil Procedure, Rule 53(g)(1) contained the substance language that is now in Rule 53(f)(1).
Source: Leagle
