Wyckoff v. R1 RCM Inc.

District Court, E.D. Michigan

Wyckoff v. R1 RCM Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

TEMEKIA M. WYCKOFF,

Plaintiff, Case Number 19-13633 v. Honorable David M. Lawson Magistrate Judge Anthony P. Patti

R1 RCM INC., AMANDA VANTHOMME, KATIE GUFFY, MEDINA DIZDAREVIC, ALICIA MCKINNEY-GORDON, WILLIAM BEIERWALTES, JENNIFER VAN DE VELDE, JOSEPH FLANAGAN, and KATE SANDERSON,

Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY AS MOOT THE INDIVIDUAL DEFENDANTS’ MOTION TO DISMISS Presently before the Court is the report issued on March 13, 2020 by Magistrate Judge Anthony P. Patti pursuant to

28 U.S.C. § 636

(b), recommending that the Court deny as moot the eight individual defendants’ motion to dismiss because they are no longer parties to this case. Although the report stated that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties’ failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231,

829 F.2d 1370

, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the Court from its duty to independently review the matter. Thomas v. Arn,

474 U.S. 140, 149

(1985). However, the Court agrees with the findings and conclusions of the magistrate judge. Accordingly, it is ORDERED that the magistrate judge’s report and recommendation (ECF No. 20) is ADOPTED. It is further ORDERED that the motion to dismiss filed by defendants Vanthomme, Guffy, Dizdarevic, Mckinney-Gordon, Beierwaltes, Van De Velde, Flanagan, and Sanderson (ECF No. 13) is DENIED AS MOOT. It is further ORDERED that the previously issued referral of the matter to the magistrate judge (ECF No. 5) is CONTINUED.

s/David M. Lawson DAVID M. LAWSON United States District Judge

Dated: May 18, 2020

Reference

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