Opinion
Civil Action 20-cv-00612-RM-NYW
09-15-2021
MARK MINA, as an individual and on behalf of all others similarly situated, Plaintiff, v. RED ROBIN INTERNATIONAL, INC., and RED ROBIN GOURMET BURGERS INC., Defendants.
ORDER
RAYMOND P. MOORE, United States District Judge
This putative class action brought under the Telephone Consumer Protection Act is before the Court on the Recommendation of United States Magistrate Judge Nina Y. Wang (ECF No. 93) to deny as moot Proposed Intervenor John Geraci's Motion to Intervene (ECF No. 67). No objection to the Recommendation has been filed, and the time to do so has expired. The Court hereby accepts the Recommendation, which is incorporated into this Order by reference. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72(b).
“In the absence of timely objection, the district court may review a magistrate's report under any standard it deems appropriate.” Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991). As discussed in greater detail in the Recommendation, Mr. Geraci sought to intervene in this action because he filed an earlier action that raised virtually identical allegations and claims against the same defendant. However, Mr. Geraci's action has since been dismissed by stipulation. Accordingly, the magistrate judge determined that the Motion to Intervene had become moot. The Court finds the magistrate judge's analysis was sound and discerns no clear error on the face of the record.
Therefore, the Court ACCEPTS the Recommendation (ECF No. 93) and DENIES AS MOOT the Motion to Intervene (ECF No. 67).