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Burton v. Bank of New York Mellon Trust Co.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
May 29, 2012
Civil Action No. 11-cv-02522-PAB-MEH (D. Colo. May. 29, 2012)

Opinion

Civil Action No. 11-cv-02522-PAB-MEH

05-29-2012

ALEX BURTON, Plaintiff, v. THE BANK OF NEW YORK MELLON TRUST COMPANY, LAW OFFICE OF CASTLE STAWIARSKI, LLC, and DEBRA JOHNSON, in her personal and official capacities, Defendants.


Judge Philip A. Brimmer


ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION

This matter is before the Court on the Recommendation of United States Magistrate Judge (the "Recommendation") served on May 4, 2012 [Docket No. 93]. The magistrate judge recommends that the Court grant the Post-Settlement Motion to Dismiss With Prejudice [Docket No. 90] filed by defendants Bank of New York Mellon Trust Company and Castle Stawiarski, LLC. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). 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. See 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, the Court has reviewed the Recommendation to satisfy itself that there is "no clear error on the face of the record." Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has concluded that the Recommendation is a correct application of the facts and the law and therefore will grant the Post-Settlement Motion to Dismiss With Prejudice [Docket No. 90] filed by defendants Bank of New York Mellon Trust Company and Castle Stawiarski, LLC. Furthermore, although defendant Debra Johnson did not join in the Post-Settlement Motion to Dismiss With Prejudice, the Court finds that the motion's bases apply equally to her. See Docket No. 82 (indicating that all parties had reached a settlement); Docket No. 83 (minute order denying defendant Debra Johnson's motion to dismiss as moot in light of the settlement); Docket No. 90 at 2, ¶ 6(a) (representing that all parties have signed a settlement agreement).

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. 93] is ACCEPTED.

2. The Post-Settlement Motion to Dismiss With Prejudice [Docket No. 90] filed by defendants Bank of New York Mellon Trust Company and Castle Stawiarski, LLC is GRANTED. Plaintiff's claims against all defendants are dismissed with prejudice.

BY THE COURT:

_________________

PHILIP A. BRIMMER

United States District Judge


Summaries of

Burton v. Bank of New York Mellon Trust Co.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
May 29, 2012
Civil Action No. 11-cv-02522-PAB-MEH (D. Colo. May. 29, 2012)
Case details for

Burton v. Bank of New York Mellon Trust Co.

Case Details

Full title:ALEX BURTON, Plaintiff, v. THE BANK OF NEW YORK MELLON TRUST COMPANY, LAW…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: May 29, 2012

Citations

Civil Action No. 11-cv-02522-PAB-MEH (D. Colo. May. 29, 2012)