United States District Court, E.D. Michigan, Southern Division
February 3, 2015
CLARA VARGAS, Plaintiff,
CITY OF NOVI, MACY'S, KELLY SERVICES, INFO TREE SERVICES, U.S. ATTORNEY, LEE GAVIN, ATTORNEY GENERAL OF THE STATE OF MICHIGAN, NISSAN MOTOR COMPANY, INC. and UNITED STATES DEPARTMENT OF JUSTICE, WASHINGTON D.C., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORTS AND RECOMMENDATIONS, GRANTING DEFENDANT CITY OF NOVI'S MOTION TO DISMISS AND FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFF'S AMENDED MOTIONS FOR PARTIAL SUMMARY JUDGMENT
DAVID M. LAWSON, District Judge.
Presently before the Court are the reports issued on January 15, 2015 and January 17, 2015 by Magistrate Judge R. Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that the Court grant defendant City of Novi's motion to dismiss and for summary judgment and denying the plaintiff's amended motions for partial summary judgment. Although the report stated that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. 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 report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge's reports and recommendations [dkt. #104, #105] are ADOPTED.
It is further ORDERED that the plaintiff's amended motion for partial summary judgment [dkt. #85] is DENIED.
It is further ORDERED that the plaintiff's amended motion for summary judgment [dkt. #27] is DENIED.
It is further ORDERED that the plaintiff's third motion for summary judgment [dkt. #25] is DENIED.
It is further ORDERED that the City of Novi's motion to dismiss and for summary judgment [dkt. #99] is GRANTED.
It is further ORDERED that all counts of the complaint are DISMISSED WITH PREJUDICE against the City of Novi.