Opinion
Case No. 08-CV-335.
October 29, 2008
ORDER
On September 25, 2008, United States Magistrate Judge Stephen Crocker issued a report and recommendation that this court grant plaintiff Greenheck Fan Corporation's ("Greenheck") motion to strike defendant Loren Cook Company's third and fourth affirmative defenses. After a magistrate judge files his proposed findings and recommendations, a district court judge may accept, reject, or modify the recommendations. 28 U.S.C. § 636(b)(1)(C). The court must make a de novo determination of those portions of the recommendations to which an objection is made. Id. However, de novo review is not required for those portions of a magistrate judge's recommendation to which no party makes particularized objections accompanied by legal authority and argument. See Banta Corp. v. Hunter Pub. Ltd. Partnership, 915 F. Supp. 80, 81 (E.D. Wis. 1995). When no objections are filed, the court will adopt a magistrate judge's recommendations if they are not clearly erroneous or contrary to law. Id.
Neither the Loren Cook Company nor Greenheck filed a timely objection to Magistrate Crocker's recommendation. After review, the court finds that the recommendation is not clearly erroneous or contrary to law. Therefore, the court need not conduct a de novo determination and will adopt the recommendation in its entirety. Thus, the court grants Greenheck's motion to strike affirmative defenses, as recommended by Magistrate Judge Crocker.
Accordingly,
IT IS ORDERED that the September 25, 2008 report and recommendation of Magistrate Judge Crocker that the court grant Greenheck's motion to strike (Docket #33) be and the same is hereby ADOPTED; IT IS FURTHER ORDERED that plaintiff Greenheck's motion to strike pursuant to Fed.R.Civ.P. 12(f) the third and fourth affirmative defenses of Loren Cook Company (Docket #26) be and the same is hereby GRANTED.