Opinion
Civil Action No. 10-cv-01293-PAB-KLM.
July 11, 2011
ORDER
This matter is before the Court on the Recommendation of United States Magistrate Judge Kristen L. Mix filed on February 11, 2011 [Docket No. 109]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See also 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on February 11, 2011. No party has objected to the Recommendation.
In the absence of an objection, the district court may review a magistrate judge's recommendation under any standard it deems appropriate. Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) ("[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"). In this matter, I have reviewed the Recommendation to satisfy myself that there is "no clear error on the face of the record." See Fed.R.Civ.P. 72(b), Advisory Committee Notes. Based on this review, I have concluded that the Recommendation is a correct application of the facts and the law.
This standard of review is something less than a "clearly erroneous or contrary to law" standard of review, Fed.R.Civ.P. 72(a), which in turn is less than a de novo review. Fed.R.Civ.P. 72(b).
Accordingly, it is
ORDERED as follows:
1. The Recommendation of United States Magistrate Judge [Docket No. 109] is ACCEPTED.
2. Plaintiffs' counsel Charles R. Free shall reimburse defendants for their expenses as set forth below:
Defendants Rothenberg, M.D. and Yoder, M.D. — $474.50;
Defendant Gannuch, M.D. — $809.00;
Defendants Gewinner, M.D., Toney, M.D., and Johnson, M.D. — $437.50;
Defendant Romero, M.D. — $597.50;
Defendants HCA-HealthONE LLC, HCA-HealthONE LLC, d/b/a Rose
Medical Center, Robedee, R.N., Giek, R.N., Cipri, Hiett, R.N., Malecki,
Jaskunas, C.N., Gray, R.N., and Smith, R.N. — $151.00;
Defendant Tyson, M.D. — $951.25;
Defendant Roth, M.D. — $555.00; and
Defendant Blyth, M.D. — $952.00.
3. Plaintiffs' counsel shall remit payment to counsel for each defendant within fourteen days of this order.