Opinion
Civil Case No. 12-cv-0003-WJM-MEH
04-27-2012
ROCIO G. VILLARREAL, JOSE A. CHARUPE, MARIA C. FERNANDEZ, ELDA URQUIDI, and ERNESTO LEDEZMA, Plaintiffs, v. CASTLE, STAWIARSKI, LLC, LAWRENCE CASTLE, GOVERNMENT TECHNOLOGY SYSTEMS (GTS), THE HOPP LAW FIRM, LLC, ROBERT J. HOPP, GARY GLENN, CBS 4 NEWS KCNC-TV, UNIVISION COLORADO KCEC-TV, and DENVER DISTRICT ATTORNEY Defendants.
Judge William J. Martínez
ORDER ADOPTING MAGISTRATE JUDGE'S RECOMMENDATION
AND DISMISSING CLAIMS BROUGHT BY ALL REMAINING PLAINTIFFS
WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE AND
FAILURE TO OBEY COURT ORDERS
This matter is before the Court on the April 9, 2012 Recommendation by United States Magistrate Judge Michael E. Hegarty that the following Plaintiffs' claims be dismissed without prejudice: (1) Rocio G. Villareal; (2) Jose A. Charupe; (3) Maria Fernandez; (4) Elda Urquidi; and (5) Ernesto Ledezema (collectively "Plaintiffs"). (ECF No. 245.) The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b).
The Court notes that these are the only Plaintiffs remaining in this case. All other Plaintiffs voluntarily dismissed their claims. (ECF No. 252.)
Pursuant to Federal Rule of Civil Procedure 72(b)(2), a party has 14 days after being served with a copy of the Recommendation to file specific written objections to the proposed findings. Though more than fourteen days have passed, no objections to the Magistrate Judge's Recommendation were filed by any of the Plaintiffs. "In the absence of timely objection, the district court may review a magistrate . . . [judge's] report under any standard it deems appropriate." Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating that "[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").
The Court concludes that the Magistrate Judge's thorough and comprehensive analyses and recommendations are correct and that "there is no clear error on the face of the record." See Fed. R. Civ. P. 72(b) advisory committee's note. Accordingly, the Court ORDERS as follows:
1. Magistrate Judge Hegarty's Recommendation (ECF No. 245) is ACCEPTED;
2. The claims brought by Plaintiffs Rocio G. Villareal, Jose A. Charupe, Maria Fernandez, Elda Urquidi, and Ernesto Ledezma are DISMISSED WITHOUT PREJUDICE for failure to prosecute and failure to comply with multiple Court orders;
3. As these were the only Plaintiffs remaining in this action, the Clerk shall close this case and enter judgment in favor of Defendants; and
4. All parties shall bear their own costs.
BY THE COURT:
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William J. Martínez
United States District Judge