Opinion
Civil Action No. 17-cv-02661-RM-SKC
10-24-2019
GREGORY C. CAMPBELL, Plaintiff, v. EATON CORPORATION, d/b/a Cooper Lighting Inc., Defendant.
ORDER
This matter is before the Court on the September 30, 2019 "Report & Recommendation Re: Motion to Dismiss Plaintiff's Complaint [#23]" of United States Magistrate Judge S. Cato Crews (the "Recommendation") (ECF No. 42) to grant Defendant's Motion to Dismiss (ECF No. 23) and dismiss without prejudice Plaintiff's Title VII and ADEA claims and dismiss with prejudice Plaintiff's OSHA retaliation claim. The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); FED. R. CIV. P. 72(b).
Age Discrimination in Employment Act of 1967.
Occupational Safety and Health Act.
The Recommendation advised the parties that specific written objections were due within fourteen days after being served with a copy of the Recommendation. (ECF No. 42 at pages 13-14.) Despite this advisement, no objections to the Recommendation have to date been filed by any party and the time to do so has expired. (See generally Dkt.)
The Court concludes that Magistrate Judge Crew's analysis was thorough and sound, and that there is no clear error on the face of the record. See FED. R. CIV. P. 72(b) advisory committee's note ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation."); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) ("In the absence of timely objection, the district court may review a magistrate's report under any standard it deems appropriate."). The recommended disposition is, therefore, adopted as an order of this Court.
Footnote 2 of the Recommendation contains a clerical error as it refers to a Second Amended Complaint. The Recommendation properly refers to and analyzes the allegations in the complaint. The Court accepts the Recommendation but modifies footnote 2 to refer to the complaint found at ECF No. 1. --------
In accordance with the foregoing, the Court:
(1) ACCEPTS and ADOPTS the Magistrate Judge's "Report & Recommendation Re: Motion to Dismiss Plaintiff's Complaint [#23]" (ECF No. 42) as modified herein;
(2) GRANTS Defendant's Motion to Dismiss (ECF No. 23);
(3) DISMISSES without prejudice Plaintiff's Title VII and ADEA claims;
(4) DISMISSES with prejudice Plaintiff's OSHA claim;
(5) DIRECTS the Clerk of the Court to enter judgment in favor of Defendant and against Plaintiff; and
(6) ORDERS that, as this matter is fully resolved, the Clerk shall close this case.
DATED this 24th day of October, 2019.
BY THE COURT:
/s/_________
RAYMOND P. MOORE
United States District Judge