Eddins v. Time Warner Ny Cable LLC

Full title: JERRY W. EDDINS, DENA M CANNON, STEPHANIE S. A. EDDINS, JUIANA VAN TUIL…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jun 26, 2014

Civil Action No. 13-cv-02521-RM-MJW (D. Colo. Jun. 26, 2014)

Opinion

Civil Action No. 13-cv-02521-RM-MJW

06-26-2014

JERRY W. EDDINS, DENA M CANNON, STEPHANIE S. A. EDDINS, JUIANA VAN TUIL, and SUZANNE BOLDEN, on behalf of themselves and others similarly situated, Plaintiffs, v. TIME WARNER NY CABLE LLC, Defendant.

RAYMOND P. MOORE

Judge Raymond P. Moore

ORDER ADOPTING

RECOMMENDATION ON AMENDED MOTION TO DISMISS NAMED PLAINTIFFS

(ECF NO. 94)

THIS MATTER is before the Court on the United States Magistrate Judge's Recommendation on Amended Motion to Dismiss Named Plaintiffs (ECF No. 94) dated May 23, 2014. The Magistrate Judge recommended Plaintiffs' Amended Motion to Dismiss Named Plaintiffs (ECF No. 73) be granted and named plaintiffs Jerry W. Eddins and Stephanie S. A. Eddins be dismissed without prejudice. The Recommendation is incorporated herein by this reference. The Recommendation advised the parties they had fourteen days after service of the Recommendation to file any objections. The time permitted for any objections has expired and no objections to the Recommendation have been filed.

The Court has reviewed the Amended Motion to Dismiss, Defendant's Response, the Recommendation, and other relevant portions of the file, and concludes the Magistrate Judge'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 Notes ("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."). Therefore, it is ORDERED as follows:

1. That the Magistrate Judge's Recommendation (ECF No. 94) is ADOPTED in its entirety as an order of this Court;
2. That the Plaintiffs' Amended Motion to Dismiss Named Plaintiffs (ECF No. 73) is GRANTED to the extent stated in the Recommendation and Plaintiffs Jerry W. Eddins and Stephanie S. A. Eddins are dismissed without prejudice; and
3. That the names of Jerry W. Eddins and Stephanie S. A. Eddins be removed from the caption in this case in future filings with the Court.

BY THE COURT:

__________

RAYMOND P. MOORE

United States District Judge