Prudential Insurance Company of America v. Lucak-Brewer et al, No. 1:2019cv01621 - Document 21 (N.D. Ohio 2019)

Court Description: Opinion and Order For the reasons stated in the Order, the Court adopts the Report and Recommendation, 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. Signed by Judge Dan Aaron Polster on 12/16/2019. (K,K)

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Prudential Insurance Company of America v. Lucak-Brewer et al Doc. 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, vs. MICHAEL J. LUCAK-BREWER, et al., Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 1:19-cv-01621 JUDGE DAN AARON POLSTER OPINION AND ORDER 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). Dockets.Justia.com 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

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