Arnaudov et al v. California Delta Mechanical Incorporated et al

Filing 74

ORDER that the Report and Recommendation (Doc. 3 3) is accepted; accordingly: 1. The Judgment Creditors' Petition for Order Discharging Garnishee (Doc. 24 ) is granted as provided in the Report and Recommendation. 2. Garnishee Metro Phoenix Bank is discharged from the writ of garnishment (Doc. 15 ) as provided in the Report and Recommendation. See that attached order for additional information. Signed by Judge Michael T. Liburdi on 9/13/2021. (RMW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Martin Arnaudov, et al., 10 Plaintiffs, 11 ORDER v. 12 No. MC-16-00085-PHX-MTL California Delta Mechanical Incorporated, et al., 13 Defendants. 14 15 Pending before the Court is Judgment Creditors’ Petition for Order Discharging 16 Garnishee. (Doc. 24.) Also pending before the Court is a Report and Recommendation 17 (“R & R”) by Magistrate Judge Michael T. Morrissey recommending granting the petition. 18 (Doc. 33.) No party has filed an objection to this R & R, and the time to do so has passed. 19 (See Doc. 33 at 2, Doc. 71.) 20 In reviewing an R & R, this Court “may accept, reject, or modify, in whole or in 21 part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. 22 § 636(b)(1). 23 recommendations de novo if objection is made, but not otherwise.” United States v. Reyna- 24 Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); see Thomas 25 v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts need not conduct “any review 26 at all . . . of any issue that is not the subject of an objection”). No objections having been 27 received, the Court will accept and adopt the R & R. 28 “[T]he district judge must review the magistrate judge’s findings and Based on the foregoing, 1 2 3 4 5 6 7 IT IS ORDERED that the Report and Recommendation (Doc. 33) is accepted; accordingly: 1. The Judgment Creditors’ Petition for Order Discharging Garnishee (Doc. 24) is granted as provided in the Report and Recommendation. 2. Garnishee Metro Phoenix Bank is discharged from the writ of garnishment (Doc. 15) as provided in the Report and Recommendation. Dated this 13th day of September, 2021. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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