Opinion
Civil Action No. 12-cv-00817-PAB-MEH
05-31-2012
LARK FOGEL, Plaintiff, v. ONE MAIN FINANCIAL, Defendant.
Judge Philip A. Brimmer
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
This matter is before the Court on the Recommendation of United States Magistrate Judge Michael E. Hegarty filed on May 9, 2012 [Docket No. 11]. 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). The Recommendation was served on May 9, 2012. 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. However, instead of a stay, the Court finds that it is best to administratively close the case subject to reopening for good cause upon motion by either party.
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. 11] is ACCEPTED to the extent indicated in this Order.
2. Defendant's Motion to Compel Arbitration and Stay Proceedings [Docket No. 8] is GRANTED in part and DENIED in part.
3. This action shall be administratively closed, subject to reopening for good cause, pursuant to D.C.COLO.LCivR 41.2.
4. No later than twenty days after the completion of the arbitration proceeding, the parties shall file a status report advising the Court whether they believe the case should be reopened for good cause for any further proceedings in this Court or whether the case may be dismissed.
BY THE COURT:
__________________
PHILIP A. BRIMMER
United States District Judge