Dewayne Gee v. Experian Inc.

Summary

The United States District Court for the Eastern District of Michigan accepted and adopted the magistrate judge’s report and recommendation. The court denied Dewayne Gee’s motion for summary judgment without prejudice as premature under Federal Rule of Civil Procedure 56(d), because discovery had not occurred and Experian showed by affidavit that it could not yet present facts essential to oppose the motion.

Holdings

1. A motion for summary judgment filed before discovery may be denied without prejudice when the opposing party properly shows by affidavit that it cannot yet present facts essential to justify its opposition. The court denied Plaintiff's motion without prejudice.
2. The failure to timely object to a magistrate judge's report and recommendation releases the district court from its duty to independently review the matter, although the court may nevertheless review and agree with the recommendation.

Questions Presented

1. Whether Plaintiff's motion for summary judgment should be denied without prejudice as premature because discovery had not occurred and Defendant established under Federal Rule of Civil Procedure 56(d) that it could not yet present facts essential to oppose the motion.
2. What effect the parties' failure to timely object to the magistrate judge's report and recommendation had on the district court's review.

Disposition

other