Gloria Morris v. Service Experts Heating and Air Conditioning, LLC

Summary

The United States District Court for the Middle District of Tennessee adopted a Magistrate Judge’s Report and Recommendation because no timely and proper objections were filed. The court granted the defendant’s motion for summary judgment, entered judgment on the plaintiff’s claims, and awarded the defendant $10,187.71 on its breach-of-contract counterclaim.

Holdings

1. The plaintiff's filing was not a proper objection because it documented her inability to find new counsel and attached materials previously relied upon, rather than identifying objections to the Report and Recommendation.
2. Because no timely and proper objections were filed, the district court accepted the Report and Recommendation and made its findings of fact and conclusions of law the findings and conclusions of the court.
3. The defendant's motion for summary judgment was granted, and judgment was entered in the defendant's favor as to the plaintiff's claims.
4. The defendant was granted summary judgment on its breach-of-contract counterclaim and awarded damages of $10,187.71.

Questions Presented

1. Whether the plaintiff's filing constituted a timely and proper objection to the Magistrate Judge's Report and Recommendation.
2. Whether the district court was required to conduct de novo review of portions of the Report and Recommendation to which no proper objection was made.
3. Whether the defendant was entitled to summary judgment on the plaintiff's claims.
4. Whether the defendant was entitled to summary judgment on its breach-of-contract counterclaim and an award of $10,187.71 in damages.

Disposition

other