Prefab, Inc. v. Branch Banking & Trust, Inc.
Docket: No. 00-1562
Court: Court of Appeals for the Fourth Circuit; June 7, 2001; Federal Appellate Court
The court affirmed the district court's dismissal of the complaint filed by Appellants James Milleage, Edward Snavely, and Bonnie Milleage for failure to comply with discovery orders as mandated by Fed. R. Civ. P. 37(b). The case was referred to a magistrate judge, who recommended dismissal due to the Appellants' repeated noncompliance and warned them that failing to file timely objections could waive their right to appellate review. Despite this warning, the Appellants did not object to the magistrate judge's recommendation, leading to a waiver of their appellate rights. The court cited precedent indicating that timely objections are essential to preserve the right to appeal. The court also denied the Appellants' motion to file a Rule 60(b) motion and determined that oral argument was unnecessary as the issues were adequately presented in written materials.