Baeza v. Compadres Auto Sales LLC et al

Filing 30

ORDER ADOPTING 29 REPORT AND RECOMMENDATION and granting Plaintiff's 24 Motion for Default Judgment. Plaintiff is awarded $10,000.00 in statutory damages, $2,400.00 in attorney's fees, and $468.00 in costs for a total of $12,868.00 and against Defendant Iris Marie Villa on the Federal Odometer Act claim. The judgment shall bear post-judgment interest at the statutory rate as set forth under 28. U.S.C. § 1961. Plaintiff shall take nothing on the breach of contract claim against Defendant Iris Marie Villa. he Clerk shall terminate this action and enter judgment accordingly. Signed by Judge G Murray Snow on 04/26/2017. (KAS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Nathan Jesus Baeza,
Plaintiff,

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ORDER

v.

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No. CV-16-01903-PHX-DMF

Compadres Auto Sales LLC, et al.,

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Defendants.

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Pending before the Court is Plaintiff’s Motion for Default Judgment as to Iris

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Marie Villa (Doc. 24) and United States Magistrate Deborah M. Fine’s Report and

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Recommendation (“R&R”) (Doc. 29). The R&R recommends that the Court grant the

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Motion (Doc. 29 at 3). The Magistrate Judge advised the parties that they had fourteen

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days to file objections to the R&R and that failure to file timely objections could be

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considered a waiver of the right to obtain review of the R&R. Id. at 3 (citing Fed. R. Civ.

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P. 6 and 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and will grant the Motion. See 28 U.S.C.

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§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in

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part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)

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(“The district judge may accept, reject, or modify the recommended disposition; receive

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further evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS HEREBY ORDERED:

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1.

Magistrate Judge Fine’s R&R (Doc. 29) is accepted.

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2.

Plaintiff’s Motion for Default Judgment as to Iris Marie Villa (Doc. 24) is

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granted.

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3.

Plaintiff is awarded $10,000.00 in statutory damages, $2,400.00 in

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attorney’s fees, and $468.00 in costs for a total of $12,868.00 and against Defendant Iris

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Marie Villa on the Federal Odometer Act claim.

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4.

The judgment shall bear post-judgment interest at the statutory rate as set

forth under 28. U.S.C. § 1961.
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Plaintiff shall take nothing on the breach of contract claim against

Defendant Iris Marie Villa.
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The Clerk of Court shall terminate this action and enter judgment

accordingly.
Dated this 26th day of April, 2017.

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Honorable G. Murray Snow
United States District Judge

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