Opinion
21-CV-11194
08-09-2022
ARBOR PLASTIC TECHNOLOGIES, LLC, Plaintiff, v. J. STERLING INDUSTRIES, LTD Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ROBERT H. CLELAND, UNITED STATES DISTRICT JUDGE
This matter is before the court on Defendant J. Sterling Industries, LTD's motion for relief from default and default judgment. The case was referred to United States Magistrate Anthony P. Patti pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on July 25, 2022 recommending that this court grant Defendant's motion for relief from default and default judgment and allow the case to proceed on the merits, except for costs under E.D. Mich.LR 7.1(a)(3). No objections have been filed pursuant to 28 U.S.C. §636(b)(1)(C), thus further appeal rights are waived.
The failure to object to the magistrate judge's report releases the court from its duty to independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, the court ADOPTS the recommended findings and conclusions of the Magistrate Judge.
ORDER
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Defendant J. Sterling Industries' [47] Motion for relief from default and default judgment is GRANTED and the case shall proceed on the merits, except as to its request for costs. The clerk is directed to reopen the case, and a followup telephone status conference is set for August 24, 2022 at 10:00 am. Call in information will be provided to counsel via email.
IT IS SO ORDERED.