Summary
declining to depart from the Sixth Circuit “eligible employee” requirement in light of Pereda
Summary of this case from Berry v. Sage Dining Servs.Opinion
Case No. 14-cv-11324
02-04-2015
TALISA MOORE, Plaintiff, v. LENDERLIVE NETWORK, INC., Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #24) , GRANTING DEFENDANT'S MOTION TO DISMISS (ECF #11), AND DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT (ECF #18)
On January 13, 2015, Magistrate Judge Mona Majzoub issued a Report and Recommendation recommending that the Court grant Defendant Lenderlive Network, Inc.'s Motion to Dismiss (ECF #11) and deny Plaintiff Talisa Moore's Motion for Leave to File First Amended Complaint (ECF #18). (See the "R&R," ECF #24.) The R&R stated that the parties could object to and seek review of the recommendation within fourteen days. (See id. at 11-12, Pg. ID 323-324.)
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).
Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's January 13, 2015, Report and Recommendation (ECF #24) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that Defendant's Motion to Dismiss (ECF #11) is GRANTED, and that Plaintiff's Motion for Leave to Amend First Amended Complaint (ECF #18) is DENIED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: February 4, 2015
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on February 4, 2015, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
(313) 234-5113