Khalaj et al v. Phoenix, City of

Filing 323

ORDER ADOPTING REPORT AND RECOMMENDATION re: 318 Report and Recommendation. The Magistrate Judge's Order (Doc. 230 ) granting Defendants' Motion for Sanctions (Doc. 219 ) is adopted. Defendants' Motion for Attorneys' Fees (Doc . 275 ) is granted to the extent provided in the R&R. Defendants shall be awarded $21,047.50 in attorneys' fees and $2,034.90 in costs, for a total award of $23,082.40 to be assessed against Plaintiffs. Signed by Chief Judge G Murray Snow on 3/24/22. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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David Khalaj, et al.,
Plaintiffs,

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ORDER

v.

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No. CV-17-01199-PHX-GMS (JZB)

City of Phoenix, et al.,

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Respondents.

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Pending before the Court is the Report and Recommendation (“R&R”) of

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Magistrate Judge John Z. Boyle (Doc. 318) regarding Magistrate Judge Boyle’s Order

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(Doc. 230) granting Defendants’ Motion for Sanctions (Doc. 129). The R&R recommends

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that the District Court adopt Judge Boyle’s Order (Doc. 230) granting Defendants’ Motion

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for Sanctions; grant Defendants’ Motion for Attorneys’ Fees (Doc. 275) to the extent

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provided in the R&R; and, award Defendants attorneys’ fees and costs to be assessed

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against Plaintiffs to the extent provided in the R&R. No objections were filed.

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The absence of a timely objection means that error may not be assigned on appeal

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to any defect in the rulings of the Magistrate Judge on any non-dispositive matters. Fed.

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R. Civ. P. 72(a) (“A party may serve and file objections to the order within 14 days after

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being served with a copy [of the magistrate’s order]. A party may not assign as error a

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defect in the order not timely objected to.”); Simpson v. Lear Astronics Corp., 77 F.3d

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1170, 1174 (9th Cir. 1996); Phillips v. GMC, 289 F.3d 1117, 1120–21 (9th Cir. 2002).

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Notwithstanding the absence of an objection, the Court has reviewed the R&R and

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finds that it is well taken. The Court will accept the R&R and adopt Magistrate Judge

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Boyle’s Order granting Defendants’ Motion for Sanctions; grant Defendants’ Motion for

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Attorneys’ Fees (Doc. 275) to the extent provided in the R&R; and, award Defendants

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attorneys’ fees and costs to be assessed against Plaintiffs. See 28 U.S.C. § 636(b)(1)

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(stating that the district court “may accept, reject, or modify, in whole or in part, the

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findings or recommendations made by the magistrate”).

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IT IS HEREBY ORDERED that the Report and Recommendation of the
Magistrate Judge (Doc. 318) is accepted.

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IT IS FURTHER ORDERED adopting the Magistrate Judge’s January 22, 2021

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Order (Doc. 230) granting Defendants’ Motion for Sanctions (Doc. 219), pursuant to

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LRCiv 72.2(a)(1).

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IT IS FURTHER ORDERED granting Defendants’ Motion for Attorneys’ Fees
(Doc. 275) to the extent provided in the R&R.

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IT IS FURTHER RECOMMENDED that Defendants be awarded $21,047.50 in

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attorneys’ fees and $2,034.90 in costs, for a total award of $23,082.40 to be assessed against

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Plaintiffs.

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Dated this 24th day of March, 2022.

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