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Santa Escolastica, Inc. v. Pavlovsky

United States District Court, E.D. Kentucky, Central Division at Lexington
Aug 30, 2010
CIVIL ACTION NO. 09-358-KSF (E.D. Ky. Aug. 30, 2010)

Opinion

CIVIL ACTION NO. 09-358-KSF.

August 30, 2010


ORDER


This matter is before the Court on Defendant's motion to dismiss this action for lack of personal jurisdiction. The matter was referred to the Magistrate Judge who, on August 10, 2010, issued a Recommended Disposition [DE 26] that the motion be denied.

No objections were filed to the Magistrate Judge's findings of fact and recommendation, and the time for filing same has passed. Although this Court must make a de novo determination of those portions of the Magistrate Judge's recommendations to which objection is made, 28 U.S.C. § 636(b)(1)(C), "[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." Thomas v. Arn, 474 U.S. 140, 150 (1985). Moreover, a party who fails to file objections to a Magistrate Judge's proposed findings of fact and recommendation waives the right to appeal. See Wright v. Holbrook, 794 F.2d 1152, 1154-55 (6th Cir. 1986). Nonetheless, having examined the record and having made a de novo determination, the Court is in agreement with the Magistrate Judge's Recommended Disposition.

Accordingly, it is hereby ORDERED:

1. The Magistrate Judge's Recommended Disposition [DE 26] is ADOPTED and INCORPORATED by reference; and
2. The Defendant's motion to dismiss [DE 6] is DENIED.

This August 30, 2010.


Summaries of

Santa Escolastica, Inc. v. Pavlovsky

United States District Court, E.D. Kentucky, Central Division at Lexington
Aug 30, 2010
CIVIL ACTION NO. 09-358-KSF (E.D. Ky. Aug. 30, 2010)
Case details for

Santa Escolastica, Inc. v. Pavlovsky

Case Details

Full title:SANTA ESCOLASTICA, INC. PLAINTIFF v. IGNACIO PAVLOVSKY, JR. DEFENDANTS

Court:United States District Court, E.D. Kentucky, Central Division at Lexington

Date published: Aug 30, 2010

Citations

CIVIL ACTION NO. 09-358-KSF (E.D. Ky. Aug. 30, 2010)