Oilman Int'l, FZCO v. Neer

Full title: OILMAN INTERNATIONAL, FZCO, Plaintiff, v. MARVIN BRUCE NEER, d/b/a TREE…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jul 12, 2012

Civil Action No. 10-cv-02810-PAB-BNB (D. Colo. Jul. 12, 2012)

Opinion

Civil Action No. 10-cv-02810-PAB-BNB

07-12-2012

OILMAN INTERNATIONAL, FZCO, Plaintiff, v. MARVIN BRUCE NEER, d/b/a TREE MACHINES, a/k/a Marvin Bartolome, and JESUSA S. NEER a/k/a Jesusa S. Bartolome, Defendants.

PHILIP A. BRIMMER

Judge Philip A. Brimmer

ORDER

This matter is before the Court on the Recommendation of United States Magistrate Judge (the "Recommendation") [Docket No. 115]. The magistrate judge recommends that plaintiff's Second Motion for Summary Judgment [Docket No. 105] be denied in part and denied in part as moot. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on June 7, 2012. No party has objected to the Recommendation.

In the absence of an objection, the district court may review a magistrate judge's recommendation under any standard it deems appropriate. See Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) ("[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"). In this matter, the Court will review the Recommendation to satisfy itself that there is "no clear error on the face of the record."¹ Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has concluded that the Recommendation is a correct application of the facts and the law. Accordingly, it is

1 This standard of review is something less than a "clearly erroneous or contrary to law" standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo review. Fed. R. Civ. P. 72(b).

ORDERED as follows:

1. The Recommendation of United States Magistrate Judge [Docket No. 115] is ACCEPTED.

2. Plaintiff's Second Motion for Summary Judgment [Docket No. 105] is DENIED as moot with respect to all claims against Marvin Neer other than the claims for fraudulent conveyance and imposition of a constructive trust and DENIED in all other respects.

BY THE COURT:

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PHILIP A. BRIMMER

United States District Judge