Opinion
Civil Action No. 17-cv-02157-CMA-KMT
08-20-2018
In re: MOLYCORP MINERALS, LLC, PAUL E. HARNER, Chapter 11 Trustee, Plaintiff, v. MODERN CUSTOM FABRICATION, INC., and WEIR MINERALS NORTH AMERICA, Defendants.
ORDER AFFIRMING AND ADOPTING THE JULY 23, 2018, RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This matter is before the Court on the July 23, 2018, Recommendation by United States Magistrate Judge Kathleen M. Tafoya that Defendant Weir Minerals North America's Motion to Dismiss Counts Seven and Eight of Plaintiff's Complaint (Doc. # 32) be granted. (Doc. # 58.) The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).
The Recommendation advised the parties that specific written objections were due within fourteen (14) days after being served with a copy of the Recommendation. (Doc. # 58 at 8-9.) Despite this advisement, no party filed objections to Magistrate Judge Tafoya's Recommendation. "In the absence of timely objection, the district court may review a magistrate [judge's] report under any standard it deems appropriate." Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating that "[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.")).
The Court has reviewed all the relevant pleadings concerning Defendant Weir Mineral North America's Motion to Dismiss Counts Seven and Eight and the Recommendation, in addition to applicable portions of the record and relevant legal authority. It is satisfied that that the Recommendation is sound and not clearly erroneous or contrary to law. See Fed. R. Civ. P. 72(a).
Accordingly, the Court ORDERS as follows:
1. The Report and Recommendation of United States Magistrate Judge Tafoya (Doc. # 58) is AFFIRMED and ADOPTED;
2. Defendant Weir Mineral North America's Motion to Dismiss Counts Seven and Eight of Plaintiff's Complaint (Doc. # 32) is GRANTED.
3. Counts Seven and Eight of Plaintiff's Complaint, see (Doc. # 4 at 13-17) are DISMISSED WITH PREJUDICE.
DATED: August 20, 2018
BY THE COURT:
/s/_________
CHRISTINE M. ARGUELLO
United States District Judge