DIRECTV, Inc. v. Eagle West Communications, Inc. et al

Filing 185

ORDER ACCEPTING REPORT AND RECOMMENDATION 182 . Defendants' Objection to the Writ of Garnishment is Overruled. Plaintiff's 157 Motion for Judgment against the Garnishee is Granted. That within seven days of the date of this Order, Plaintiff shall submit a proposed Judgment against Garnishee. Signed by Judge James A Teilborg on 1/23/13. (DMT)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 DIRECTV, Inc., a California corporation, Plaintiff/Judgment Creditor, 10 11 ORDER v. 12 No. CV-09-00379-PHX-JAT Eagle West Communications, Inc., d/b/a Eagle West Cable, a Nevada corporation, et al., 13 14 Defendant/Judgment Debtor. 15 __________________________________ 16 Francisco and Marla Delores Saldana, 17 Garnishee. 18 On December 17, 2012, the Magistrate Judge issued a Report and 19 Recommendation (“R&R”) (Doc. 182) recommending that Defendants’ Objection to the 20 Writ of Garnishment be overruled and Plaintiff’s Application for Judgment against the 21 Garnishee (Doc. 157) be granted. 22 Neither party has filed objections to the R&R. Accordingly, the Court hereby 23 accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district 24 courts are not required to conduct “any review at all . . . of any issue that is not the 25 subject of an objection” (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 26 1121 (9th Cir. 2003) (en banc) (“statute makes it clear that the district judge must review 27 the magistrate judge’s findings and recommendations de novo if objection is made, but 28 not otherwise” (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1 1219, 1226 (D. Ariz. 20 ( 003). 2 Accordingly, 3 S ED e eport and R Recommend dation (Doc c. IT IS ORDERE that the Magistrate Judge’s Re 4 5 6 7 8 9 10 11 pted. 182) is accep IT IS FURTH HER ORD DERED tha Defenda at ants’ Objec ction to th Writ of he Garnishment is overrule G ed. S ER RED that P Plaintiff’s A Application for Judgm n ment agains st IT IS FURTHE ORDER he ee ed. th Garnishe (Doc. 157) is grante IT IS FURTHE ORDE S ER ERED that, within sev (7) da of the d , ven ays date of this Order, Plaintiff shall su O ubmit a prop posed judgm agains Garnishee ment st e. d d uary, 2013. Dated this 23rd day of Janu 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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