James S. Wilson and Shelly M. Wilson v. The Chemours Company FC, LLC
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
JAMES S. WILSON and SHELLY M. WILSON, Plaintiffs, v. CIVIL ACTION NO. 2:25-cv-00744 THE CHEMOURS COMPANY FC, LLC, Defendant.
MEMORANDUM OPINION AND ORDER
Pending in this matter are the Defendant The Chemours Company FC, LLC’s Motion to Dismiss Plaintiffs’ Complaint for Failure to State a Claim (Document 6) filed on January 12, 2026, and the Defendant The Chemours Company FC, LLC’s Motion for Rule 41 Involuntary Dismissal (Document 15) filed on May 12, 2026. By Administrative Order (Document 3) entered on December 19, 2025, this action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636.
On June 1, 2026, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 18) wherein it is recommended that this Court grant the Defendant The Chemours Company FC, LLC’s Motion for Rule 41 Involuntary Dismissal (Document 15) and dismiss this matter from the Court’s docket with prejudice. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by June 18, 2026.
Neither party has timely filed objections to the Magistrate Judge’s Proposed Findings and Recommendation. The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985).
Failure to file timely objections constitutes a waiver of de novo review and a party’s right to appeal this Court’s Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984).
Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation. The Court ORDERS that the Defendant The Chemours Company FC, LLC’s Motion for Rule 41 Involuntary Dismissal (Document 15) be GRANTED. The Court further ORDERS that the Defendant The Chemours Company FC, LLC’s Motion to Dismiss Plaintiffs’ Complaint for Failure to State a Claim (Document 6), as well as any additional pending motions, be TERMINATED AS MOOT. Lastly, the Court ORDERS that this matter be DISMISSED WITH PREJUDICE and REMOVED from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party.
ENTER: June 24, 2026 Dike CO. Seageh/ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA
Case-law data current through December 31, 2025. Source: CourtListener bulk data.