Baeza v. Compadres Auto Sales LLC et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Nathan Jesus Baeza,
Compadres Auto Sales LLC, et al.,
Pending before the Court is Plaintiff’s Motion for Default Judgment as to Iris
Marie Villa (Doc. 24) and United States Magistrate Deborah M. Fine’s Report and
Recommendation (“R&R”) (Doc. 29). The R&R recommends that the Court grant the
Motion (Doc. 29 at 3). The Magistrate Judge advised the parties that they had fourteen
days to file objections to the R&R and that failure to file timely objections could be
considered a waiver of the right to obtain review of the R&R. Id. at 3 (citing Fed. R. Civ.
P. 6 and 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).
The parties did not file objections, which relieves the Court of its obligation to
review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-
taken. The Court will accept the R&R and will grant the Motion. See 28 U.S.C.
§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)
(“The district judge may accept, reject, or modify the recommended disposition; receive
further evidence; or return the matter to the magistrate judge with instructions.”).
IT IS HEREBY ORDERED:
Magistrate Judge Fine’s R&R (Doc. 29) is accepted.
Plaintiff’s Motion for Default Judgment as to Iris Marie Villa (Doc. 24) is
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.
The Clerk of Court shall terminate this action and enter judgment
Dated this 26th day of April, 2017.
Honorable G. Murray Snow
United States District Judge
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