Elawyers Elawyers
Ohio| Change

MAXWELL v. RESIDENTIAL CREDIT SOLUTIONS, INC., 14-cv-10355. (2015)

Court: District Court, E.D. Michigan Number: infdco20150114g59 Visitors: 4
Filed: Jan. 13, 2015
Latest Update: Jan. 13, 2015
Summary: ORDER (1) ADOPTING REPORT & RECOMMENDATION (ECF #14), (2) DENYING DEFENDANT'S MOTION TO DISMISS (ECF #8), AND (3) ORDERING DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT MATTHEW F. LEITMAN, District Judge. On December 16, 2014, Magistrate Judge Paul J. Komives issued a Report and Recommendation (the "R&R," ECF #14) recommending that the Court deny Defendant Residential Credit Solution, Inc.'s Motion to Dismiss (the "Motion, ECF #8). The R&R stated that the parties could object to and se
More

ORDER (1) ADOPTING REPORT & RECOMMENDATION (ECF #14), (2) DENYING DEFENDANT'S MOTION TO DISMISS (ECF #8), AND (3) ORDERING DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT

MATTHEW F. LEITMAN, District Judge.

On December 16, 2014, Magistrate Judge Paul J. Komives issued a Report and Recommendation (the "R&R," ECF #14) recommending that the Court deny Defendant Residential Credit Solution, Inc.'s Motion to Dismiss (the "Motion, ECF #8). The R&R stated that the parties could object to and seek review of the recommendation within fourteen days. (See the R&R at 8, Pg. ID 142.)

Neither party has objected to the R&R. Failure to file objections to the R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the Magistrate Judge's R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge.

Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's December 19, 2014, R&R (ECF #27) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that Defendant's March 21, 2014, Motion to Dismiss (ECF #8) is DENIED. IT IS FINALLY ORDERED that Defendant shall answer or otherwise respond to Plaintiff's Complaint (ECF #1) by no later than February 4, 2015.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer