IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

Civil Action No. 11-cv-02522-PAB-MEH

ALEX BURTON,

Plaintiff,

v.

THE BANK OF NEW YORK MELLON TRUST COMPANY,

LAW OFFICE OF CASTLE STAWIARSKI, LLC, and

DEBRA JOHNSON, in her personal and official capacities,

Defendants.

_____________________________________________________________________

ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION

_____________________________________________________________________

This matter is before the Court on the Recommendation of United States

Magistrate Judge (the “Recommendation”) served on May 4, 2012 [Docket No. 93]. 

The magistrate judge recommends that the Court grant the Post-Settlement Motion to

Dismiss With Prejudice [Docket No. 90] filed by defendants Bank of New York Mellon

Trust Company and Castle Stawiarski, LLC. The Recommendation states that

objections to the Recommendation must be filed within fourteen days after its service

on the parties. See 28 U.S.C. § 636(b)(1)(C). No party has objected to the

Recommendation. 

In the absence of an objection, the district court may review a magistrate judge’s

recommendation under any standard it deems appropriate. See Summers v. Utah, 927

F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985)

(“[i]t does not appear that Congress intended to require district court review of a

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This standard of review is something less than a “clearly erroneous or contrary 1

to law” standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo

review. Fed. R. Civ. P. 72(b).

2

magistrate’s factual or legal conclusions, under a de novo or any other standard, when

neither party objects to those findings”). In this matter, the Court has reviewed the

Recommendation to satisfy itself that there is “no clear error on the face of the record.”1

Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has

concluded that the Recommendation is a correct application of the facts and the law

and therefore will grant the Post-Settlement Motion to Dismiss With Prejudice [Docket

No. 90] filed by defendants Bank of New York Mellon Trust Company and Castle

Stawiarski, LLC. Furthermore, although defendant Debra Johnson did not join in the

Post-Settlement Motion to Dismiss With Prejudice, the Court finds that the motion’s

bases apply equally to her. See Docket No. 82 (indicating that all parties had reached a

settlement); Docket No. 83 (minute order denying defendant Debra Johnson’s motion to

dismiss as moot in light of the settlement); Docket No. 90 at 2, ¶ 6(a) (representing that

all parties have signed a settlement agreement).

Accordingly, it is

ORDERED as follows:

1. The Recommendation of United States Magistrate Judge [Docket No. 93] is

ACCEPTED. 

2. The Post-Settlement Motion to Dismiss With Prejudice [Docket No. 90] filed

by defendants Bank of New York Mellon Trust Company and Castle Stawiarski, LLC is

GRANTED. Plaintiff’s claims against all defendants are dismissed with prejudice.

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DATED May 29, 2012.

BY THE COURT:

 s/Philip A. Brimmer 

PHILIP A. BRIMMER

United States District Judge

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