Opinion
CASE NO. 1:14CV2700
11-25-2015
MEMORANDUM OF OPINION AND ORDER
Before the Court is the Report and Recommendation of Magistrate Judge Kathleen B. Burke ("R & R") (Doc #. 17), which recommends that Respondents' Motion to Dismiss (Doc. # 7) be denied without prejudice.
Under the relevant statute:
Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.28 U.S.C. § 636(b)(1)(C) (emphasis added). The R&R was issued on November 10. It is now November 25, and Respondents have yet to file any written objection to the R&R.
The Court has reviewed the Magistrate Judge's R&R. The Court agrees with the Magistrate Judge that Respondents' Motion to Dismiss should be denied. Accordingly, the Court ADOPTS the Magistrate Judge's R&R (Doc. # 17) and DENIES without prejudice Respondents' Motion to Dismiss (Doc. #7).
IT IS SO ORDERED.
/s/ Dan Aaron Polster Nov . 25 , 2015
Dan Aaron Polster
United States District Judge