Opinion
Civil Action No. 05-cv-640-WYD-MJW.
October 27, 2005
ORDER AFFIRMING AND ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court in connection with Magistrate Judge Michael J. Watanabe's Recommendation that Claims Brought by Plaintiffs Consumer Equity Solutions, LLP and James Bailey Be Dismissed for Failure to Appear, Failure to Prosecute, and Failure to Comply With Court Orders and that Those Plaintiffs Pay Defendants' Expenses for Appearance at August 29, 2005, Hearing, entered September 19, 2005 (the "Recommendation"). This case was referred to Magistrate Judge Watanabe by Order of Reference Dated April 15, 2005. See 28 U.S.C. § 636(b)(1)(B), FED. R. CIV. P. 72(b). In the Recommendation, which is incorporated herein by reference, Magistrate Judge Watanabe recommends that this action be dismissed with prejudice pursuant to Fed.R.Civ.P. 16(f) with respect to the claims brought by Plaintiffs James Bailey and Consumer Equity Solutions, LLP, based upon their failure to prosecute, failure to appear, and failure to comply with court orders. Recommendation at 4. In addition, Magistrate Judge Watanabe recommends that these Plaintiffs be directed to pay the reasonable expenses incurred, including attorney fees, by the Defendants for their appearance at the August 29, 2005, proceeding. Recommendation at 5. The Recommendation advised the parties that specific written objections were due within ten (10) days after being served with a copy of the Recommendation. Recommendation at 5. Despite this advisement, no objections to the Magistrate Judge's Recommendation were filed.
"In the absence of timely objection, the district court may review a magistrate . . . [judge's] report under any standard it deems appropriate." Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating 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"). Applying this standard, I am satisfied that the Recommendation of Magistrate Judge Watanabe comports with sound legal authority and that there is no clear error on the face of the record. See Fed.R.Civ.P. 72(a). I agree that the claims brought by Plaintiffs James Bailey and Consumer Equity Solutions, LLP should be dismissed with prejudice pursuant to Fed.R.Civ.P. 16(f). Accordingly, it is hereby
ORDERED that the Recommendation of United States Magistrate Judge Watanabe dated September 19, 2005, is AFFIRMED and ADOPTED. In accordance therewith, it is
ORDERED that the claims brought by Plaintiff James Bailey and Plaintiff Consumer Equity Solutions, LLP, are hereby DISMISSED WITH PREJUDICE. It is
FURTHER ORDERED that Plaintiff James Bailey and Plaintiff Consumer Equity Solutions, LLP shall pay to Defendants the reasonable expenses incurred, including attorney fees, by Defendants for their appearance at the August 29, 2005, proceeding.