Michael Hardy v. City of Naples, Uintah County, and Champion X Corporation

Summary

The United States District Court for the District of Utah adopted in full a magistrate judge’s Report and Recommendation after plaintiff Michael Hardy failed to file objections. The court denied as moot Hardy’s motions for a preliminary injunction and a protective order and dismissed the action without prejudice.

Holdings

1. A party that fails to file a timely objection to a Report and Recommendation waives arguments that the recommendation was erroneous, unless the interests of justice require an exception.
2. The court adopted the Report and Recommendation in full, denied the motions for a preliminary injunction and a protective order as moot, and dismissed the action without prejudice.

Questions Presented

1. Whether the plaintiff waived objections to the Report and Recommendation by failing to file a timely objection.
2. Whether the interests of justice required the court to decline to apply the waiver rule.
3. Whether the court should adopt the Report and Recommendation, deny the pending motions as moot, and dismiss the action without prejudice.

Disposition

dismissed