Reidhead et al v. Meyers et al

Filing 154

ORDER that Magistrate Judge Logan's 153 R&R is accepted. Judgment Creditor's 1 Writ of Garnishment and Summons is discharged as to the monies withheld in the amount of $1,700. Judgment Creditor is directed to submit a propose d form of judgment within thirty (30) days of this Order, setting forth the manner by which the shares of stock will be sold under execution, up to a total amount in worth of $1,091,192.50. Signed by Judge G Murray Snow on 11/21/2013. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jean Reidhead, et al.,

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No. CV-07-08027-PCT-GMS

Plaintiffs,

ORDER

v.
Joseph P. Meyers, et al.,

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Defendants.

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Caribbean Financial
Delaware corporation,

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Corporation,

a

Counterclaimant/Judgment Creditor,

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v.

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Jean Reidhead, et al.,

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Counterdefendants/Judgment Debtors.

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Reidhead Sand & Rock Incorporated, et al.,
Garnishees.

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Pending before the Court are Judgment Creditor’s Writ of Garnishment and

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Summons and United States Magistrate Judge Steven P. Logan’s Report and

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Recommendation (“R&R”). Docs. 134, 153. The R&R recommends that the Court

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discharge Garnishees of the Writ of Garnishment as to the monies withheld in the amount

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of $1,700. Doc. 153 at 7. The Magistrate Judge advised the parties that they had

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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 8 (citing 28
U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(b) 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

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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 welltaken.

The Court will accept the R&R and discharge Garnishees.

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 ORDERED:
1.

Magistrate Judge Logan’s R&R (Doc. 153) is accepted.

2.

Judgment Creditor’s Writ of Garnishment and Summons (Doc. 1) is

discharged as to the monies withheld in the amount of $1,700.
3.

Judgment Creditor is directed to submit a proposed form of judgment

within thirty (30) days of this Order, setting forth the manner by which the shares of
stock will be sold under execution, up to a total amount in worth of $1,091,192.50.
Dated this 21st day of November, 2013.

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