Garland v. Rockford Manufacturing Co.

District Court, E.D. Tennessee

Garland v. Rockford Manufacturing Co.

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at KNOXVILLE

EDEN GARLAND, ) ) Plaintiff, ) ) Case No. 3:18-cv-277 v. ) ) Judge Mattice ROCKFORD MANUFACTURING CO., ) Magistrate Judge Guyton ) Defendant. ) )

ORDER On August 20, 2019, United States Magistrate Judge H. Bruce Guyton filed a Report and Recommendation, [Doc. 35], pursuant to

28 U.S.C. § 636

(b)(1) and Federal Rule of Civil Procedure 72(b). Plaintiff had moved for sanctions, arguing that Defendant failed to participate in Court-ordered mediation in good faith. Magistrate Judge Guyton found that Defendant did participate in the mediation in good faith, and therefore recommended that Plaintiff’s Motion for Sanctions, [Doc. 29], be denied. Plaintiff has filed no objections to the Magistrate Judge’s Report and Recommendation.1 Nevertheless, the Court has reviewed the Report and Recommendation as well as the record and it agrees with Magistrate Judge Guyton’s well-reasoned conclusions.

1 Magistrate Judge Guyton specifically advised Plaintiff of the 14-day window for objection to the Report and Recommendation and that failure to do so would waive any right to appeal. [Doc. 35]; see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn,

474 U.S. 140, 148-51

(1985) (noting 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”). Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Guyton’s findings of fact and conclusions of law as set forth in the Report and Recommendation. [Doc. 35]. Plaintiff’s Motion for Sanctions, [Doc. 29], is hereby DENIED.

SO ORDERED this 9th day of September, 2019.

/s/ Harry S. Mattice, Jr._ ___ HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE

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