Opinion
Civil Action 21-cv-00105-DDD-NRN
12-07-2021
DANA MORRIS-BLAKE and KENYATTA BLAKE, Plaintiffs, v. APPLE VALLEY EAST CONDOMINIUM ASSOCIATION, INC. and MOELLER GRAF, PC, Defendants.
REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION TO DISMISS WITH PREJUDICE (DKT. #87)
N. REID NEUREITER UNITED STATES MAGISTRATE JUDGE
This case is before me pursuant to an Order (Dkt. #90) issued by Judge Daniel D. Domenico referring Plaintiff Dana Morris Blake's (“Plaintiff”) Motion to Dismiss with Prejudice. (Dkt. #87.) This matter was settled after I conducted a settlement conference on July 12, 2021. (Dkt. #83.) The parties did not file a stipulation of dismissal. Instead, Plaintiff filed the subject motion. On September 30, 2021, Defendants filed a notice with the Court (Dkt. #89) indicating that they do not oppose the dismissal of the suit with prejudice, with each party to be responsible for their own costs and fees. After taking judicial notice of the Court's file and considering the applicable Federal Rules of Civil Procedure and case law, it is hereby RECOMMENDED that the subject motion be 1 GRANTED, and that this case be DISMISSED WITH PREJUDICE, with each party responsible for their own costs and fees.
The other named Plaintiff, Kenyatta Blake, is deceased. (Dkt. #55.)
NOTICE: Pursuant to 28 U.S.C. § 636(b)(1)(c) and Fed.R.Civ.P. 72(b)(2), the parties have fourteen (14) days after service of this recommendation to serve and file specific written objections to the above recommendation with the District Judge assigned to the case. A party may respond to another party's objections within fourteen (14) days after being served with a copy. The District Judge need not consider frivolous, conclusive, or general objections. A party's failure to file and serve such written, specific objections waives de novo review of the recommendation by the District Judge, Thomas v. Arn, 474 U.S. 140, 148-53 (1985), and also waives appellate review of both factual and legal questions. Makin v. Colo. Dep't of Corr., 183 F.3d 1205, 1210 (10th Cir. 1999); Talley v. Hesse, 91 F.3d 1411, 1412-13 (10th Cir. 1996). 2