Patricia Ammerman and Harris S. Ammerman v. David Lloyd Fisher, et al.

Summary

The United States District Court for the District of Utah adopted a magistrate judge’s report and recommendation because no party objected to it. The court granted Nola Conrad, LLC’s motion to dismiss for lack of personal jurisdiction and dismissed all claims against that defendant without prejudice.

Holdings

1. A party that fails to object to a magistrate judge's report and recommendation waives arguments that the recommendation was erroneous, subject to a possible exception when the interests of justice so dictate.
2. The court adopted the magistrate judge's report and recommendation in full and granted Nola Conrad, LLC's motion to dismiss, dismissing all claims against that defendant without prejudice.

Questions Presented

1. Whether the parties waived objections to the magistrate judge's report and recommendation by failing to object.
2. Whether the interests of justice required an exception to the waiver rule.
3. Whether the report and recommendation should be adopted and the claims against Nola Conrad, LLC dismissed without prejudice for lack of personal jurisdiction.

Disposition

dismissed