CrossFit Incorporated v. Martin et al

Filing 206

ORDER ADOPTING REPORT AND RECOMMENDATION. IT IS ORDERED adopting the R&R (Doc. 193 ) in whole. IT IS FURTHER ORDERED limiting Defendants'/Counterclaimants' damages allegations at trial to those amounts they represented up to and including December 22, 2016. (See document for further details). Signed by Judge John J Tuchi on 5/15/17. (SLQ)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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CrossFit Incorporated,
Plaintiff,

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Jeff Martin, et al.,

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ORDER

v.

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No. CV-14-02277-PHX-JJT

Defendants.
Jeff Martin, Mikki Lee Martin, Brand X
Martial Arts, and CrossFit Brand X, Inc.

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Counterclaimants,
v.
CrossFit, Inc. and Greg Glassman,
Counterdefendants.

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At issue is the Report and Recommendation (“R&R”) entered by United Sates

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Magistrate Judge David K. Duncan in this matter March 23, 2017, recommending that

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“Defendants’/Counterclaimants’ damages allegations be limited at trial to those amounts

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they represented up to and including December 22, 2016.” (Doc. 193 at 2.) The parties

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had fourteen days after the R&R issued to file any objection to it. The time for such

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objections has run and no party filed an objection. The Court is thus empowered to accept

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the R&R without further review, see United States v. Reyna-Tapia, 328 F.3d 1114, 1121

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(9th Cir. 2003), and to consider waived any party’s right to appellate review of the

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findings of fact in this Order. See Rule 72, Federal Rules of Civil Procedure. The Court

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nonetheless reviewed the R&R on its merits. Upon that review, the Court concludes the

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underlying reasoning of Judge Duncan both sound and persuasive, and thus shall adopt

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the R&R in whole.

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IT IS ORDERED adopting the R&R (Doc. 193) in whole.

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IT IS FURTHER ORDERED limiting Defendants’/Counterclaimants’ damages

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allegations at trial to those amounts they represented up to and including December 22,

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2016.

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Dated this 15th day of May, 2017.

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Honorable John J. Tuchi
United States District Judge

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