Opinion
Case No. 14-cv-10355
01-13-2015
KIA MAXWELL, Plaintiff, v. RESIDENTIAL CREDIT SOLUTIONS, INC., Defendant.
ORDER (1) ADOPTING REPORT & RECOMMENDATION (ECF #14), (2) DENYING DEFENDANT'S MOTION TO DISMISS (ECF #8), AND (3) ORDERING DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT
On December 16, 2014, Magistrate Judge Paul J. Komives issued a Report and Recommendation (the "R&R," ECF #14) recommending that the Court deny Defendant Residential Credit Solution, Inc.'s Motion to Dismiss (the "Motion, ECF #8). The R&R stated that the parties could object to and seek review of the recommendation within fourteen days. (See the R&R at 8, Pg. ID 142.)
Neither party has objected to the R&R. Failure to file objections to the R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the Magistrate Judge's R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge.
Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's December 19, 2014, R&R (ECF #27) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that Defendant's March 21, 2014, Motion to Dismiss (ECF #8) is DENIED. IT IS FINALLY ORDERED that Defendant shall answer or otherwise respond to Plaintiff's Complaint (ECF #1) by no later than February 4, 2015.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: January 13, 2015 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 13, 2015, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
(313) 234-5113