Prudential Insurance Company of America v. Lucak-Brewer ( 2019 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION PRUDENTIAL INSURANCE COMPANY OF AMERICA, ) CASE NO. 1:19-cv-01621 ) Plaintiff, ) JUDGE DAN AARON POLSTER ) vs. ) OPINION AND ORDER ) MICHAEL J. LUCAK-BREWER, et al., ) ) Defendant. ) This case is before the Court on the Report and Recommendation of Magistrate Judge Jonathan D. Greenberg (AR&R@), Doc #: 20. The Magistrate Judge recommends that Michael Lucak-Brewer’s (“Brewer”) motion to dismiss on venue grounds, Doc #: 12, be denied. 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) (emphasis added). In this case, the R&R was issued on November 27, 2019. It is now December 16, 2019, and Brewer has yet to file any written objection to the R&R. The failure to timely file written objections to an R&R constitutes a waiver of a de novo review by the district court of any issues covered in the R&R. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Despite the lack of objections, the Court has reviewed the Magistrate Judge=s thorough, well-written R&R, and agrees with the Magistrate Judge=s findings. Therefore, the Court ADOPTS the R&R, Doc #: 20. Accordingly, the Court hereby DENIES Brewer’s motion to dismiss on venue grounds, Doc #: 12. Brewer’s motion to dismiss for failure to state a claim, Doc #: 12, remains pending. IT IS SO ORDERED. /s/ Dan A. Polster December 16, 2019 Dan Aaron Polster United States District Judge 2