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Operating Eng. Fringe Ben. v. Pavement Munchers

United States District Court, E.D. Michigan, Southern Division
Nov 17, 2006
Civil Case No. 04-40380 (E.D. Mich. Nov. 17, 2006)

Opinion

Civil Case No. 04-40380.

November 17, 2006


ORDER ACCEPTING REPORT AND RECOMMENDATION


Before the Court are Plaintiffs' Motion for Attorney Fees and Costs and the Report and Recommendation of the Honorable Mona K. Majzoub, United States Magistrate Judge. The Magistrate Judge recommends that this Court grant Plaintiffs' motion. The Magistrate Judge served the Report and Recommendation on all parties on October 24, 2006 and notified the parties that any objections must be filed within ten days of service. Accordingly, any objections should have been filed by approximately November 10, 2006. Neither party filed objections to the Report and Recommendation.

The Court's standard of review for a Magistrate Judge's Report and Recommendation depends upon whether a party files objections. If a party does not object to the Report and Recommendation, the Court does not need to conduct a review by any standard. See Lardie v. Birkett, 221 F. Supp. 2d 806, 807 (E.D. Mich. 2002) (Gadola, J.). As the Supreme Court observed, "[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." Thomas v. Arn, 474 U.S. 140, 150 (1985). Since neither party has filed objections to the Report and Recommendation, the Court need not conduct a review.

ACCORDINGLY, IT IS HEREBY ORDERED that the Report and Recommendation [docket entry 46] is ACCEPTED and ADOPTED as the opinion of this Court.

IT IS FURTHER ORDERED that Plaintiffs' Motion for Attorney Fees and Costs [docket entry 31] is GRANTED.

SO ORDERED.


Summaries of

Operating Eng. Fringe Ben. v. Pavement Munchers

United States District Court, E.D. Michigan, Southern Division
Nov 17, 2006
Civil Case No. 04-40380 (E.D. Mich. Nov. 17, 2006)
Case details for

Operating Eng. Fringe Ben. v. Pavement Munchers

Case Details

Full title:OPERATING ENGINEERS LOCAL 324 FRINGE BENEFIT FUNDS, et al., Plaintiffs, v…

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Nov 17, 2006

Citations

Civil Case No. 04-40380 (E.D. Mich. Nov. 17, 2006)