Opinion
Case No. 1:09-cv-13667
12-13-2011
DEBRA BARTH, Individually and as Conservator for James Barth, an Incapacitated Person, Plaintiff, v. HARDINGE, INC., Defendant/Third-Party Plaintiff, v. PRODUCTION TOOL SUPPLY, an assumed name of PRODUCTION TOOL SUPPLY COMPANY, LLC, Third-Party Defendant.
Hon. Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING
PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT
United States Magistrate Judge Charles Binder issued a report and recommendation (ECF No.131) on September 19, 2011, recommending that the Court deny Plaintiff Debra Barth's motion for partial summary judgment (ECF No. 83). Either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, it is ORDERED that Judge Binder's report and recommendation (ECF No. 131) is ADOPTED.
It is further ORDERED that Plaintiff's motion for partial summary judgment (ECF No. 83) is DENIED.
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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 December 13, 2011.
TRACY A. JACOBS