Ader v. Cadillac Accounts Receivable Mgmt., Inc.

Full title: WAYNE ADER, Plaintiff, v. CADILLAC ACCOUNTS RECEIVABLE MANAGEMENT, INC.…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

Date published: Jan 30, 2018

Case No. 16-cv-13962 (E.D. Mich. Jan. 30, 2018)

Opinion

Case No. 16-cv-13962

01-30-2018

WAYNE ADER, Plaintiff, v. CADILLAC ACCOUNTS RECEIVABLE MANAGEMENT, INC., Defendants.

Honorable Thomas L. Ludington

Magistrate Judge Patricia T. Morris

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

On November 8, 2016, Plaintiff Wayne Ader filed a complaint naming Cadillac Accounts Receivable Management, Inc., as Defendant. ECF No. 1. Ader alleges that Defendant violated the Fair Debt Collection Practices Act by failing to communicate to credit reporting agencies that a certain debt was disputed. All pretrial matters were referred to Magistrate Judge Patricia T. Morris. ECF No. 7. On August 11, 2017, Ader filed a motion for partial summary judgment. ECF No. 13. On January 10, 2018, Judge Morris issued a report recommending that Ader's motion for partial summary judgment be denied. ECF No. 19. She explains that a genuine issue of material fact remains on the question of whether Defendant actually communicated the dispute or not.

Although the Magistrate Judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, neither Plaintiff nor Defendant filed any objections. The election not to file objections to the Magistrate Judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and recommendation waives any further right to appeal.

Accordingly, it is ORDERED that the Magistrate Judge's report and recommendation, ECF No. 19, is ADOPTED.

It is further ORDERED that Plaintiff Ader's motion for partial summary judgment, ECF No. 13, is DENIED.

Dated: January 30, 2018

s/Thomas L. Ludington

THOMAS L. LUDINGTON

United States District Judge

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on January 30, 2018.

s/Kelly Winslow

KELLY WINSLOW, Case Manager