CrossFit Incorporated v. Martin et al
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)
NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Jeff Martin, et al.,
Jeff Martin, Mikki Lee Martin, Brand X
Martial Arts, and CrossFit Brand X, Inc.
CrossFit, Inc. and Greg Glassman,
At issue is the Report and Recommendation (“R&R”) entered by United Sates
Magistrate Judge David K. Duncan in this matter March 23, 2017, recommending that
“Defendants’/Counterclaimants’ damages allegations be limited at trial to those amounts
they represented up to and including December 22, 2016.” (Doc. 193 at 2.) The parties
had fourteen days after the R&R issued to file any objection to it. The time for such
objections has run and no party filed an objection. The Court is thus empowered to accept
the R&R without further review, see United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003), and to consider waived any party’s right to appellate review of the
findings of fact in this Order. See Rule 72, Federal Rules of Civil Procedure. The Court
nonetheless reviewed the R&R on its merits. Upon that review, the Court concludes the
underlying reasoning of Judge Duncan both sound and persuasive, and thus shall adopt
the R&R in whole.
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,
Dated this 15th day of May, 2017.
Honorable John J. Tuchi
United States District Judge
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