Sellers et al v. FCA US LLC et al

Filing 60

ORDER: IT IS HEREBY ORDERED adopting the 59 Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED dismissing this matter with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). Signed by Senior Judge Stephen M McNamee on 10/11/18. (GMP)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Wesley Eugene Sellers, et al.,
Plaintiffs,

10
11

ORDER

v.

12

No. CV-18-00923-PHX-BSB

FCA US LLC, et al.,

13

Defendants.

14
15

Before the Court is the parties’ Notice of Voluntary Dismissal pursuant to Federal

16

Rule of Civil Procedure 41(a)(1)(A)(ii). (Doc. 58.) On September 13, 2018, Magistrate

17

Judge Bridget S. Bade filed a Report and Recommendation with the Court recommending

18

that this matter be dismissed with prejudice pursuant to Rule 41(a)(1). (Doc. 59.) To date,

19

no objections have been filed. Having reviewed the Report and Recommendation, the

20

Court hereby adopts the Magistrate Judge’s recommendation.

21

STANDARD OF REVIEW

22

The Court “may accept, reject, or modify, in whole or in part, the findings or

23

recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v.

24

Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service

25

of a copy of the Magistrate’s recommendation within which to file specific written

26

objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to

27

a Magistrate Judge’s recommendation relieves the Court of conducting de novo review of

28

the Magistrate Judge’s factual findings and waives all objections to those findings on

1

appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a

2

Magistrate Judge’s conclusion “is a factor to be weighed in considering the propriety of

3

finding waiver of an issue on appeal.” Id.

4

DISCUSSION

5

Having reviewed the Report and Recommendation of the Magistrate Judge, and no

6

objections having been made by any party thereto, the Court hereby incorporates and

7

adopts the Magistrate Judge’s Report and Recommendation.

8
9
10
11
12
13
14

CONCLUSION
Accordingly, for the reasons set forth,
IT IS HEREBY ORDERED adopting the Report and Recommendation of the
Magistrate Judge. (Doc. 59.)
IT IS FURTHER ORDERED dismissing this matter with prejudice pursuant to
Federal Rule of Civil Procedure 41(a)(1).
Dated this 11th day of October, 2018.

15
16
17

Honorable Stephen M. McNamee
Senior United States District Judge

18
19
20
21
22
23
24
25
26
27
28

-2-