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)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
Jean Reidhead, et al.,
9
10
11
No. CV-07-08027-PCT-GMS
Plaintiffs,
ORDER
v.
Joseph P. Meyers, et al.,
12
Defendants.
13
14
Caribbean Financial
Delaware corporation,
15
Corporation,
a
Counterclaimant/Judgment Creditor,
16
v.
17
Jean Reidhead, et al.,
18
Counterdefendants/Judgment Debtors.
19
20
21
Reidhead Sand & Rock Incorporated, et al.,
Garnishees.
22
23
Pending before the Court are Judgment Creditor’s Writ of Garnishment and
24
Summons and United States Magistrate Judge Steven P. Logan’s Report and
25
Recommendation (“R&R”). Docs. 134, 153. The R&R recommends that the Court
26
discharge Garnishees of the Writ of Garnishment as to the monies withheld in the amount
27
of $1,700. Doc. 153 at 7. The Magistrate Judge advised the parties that they had
28
1
2
3
4
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
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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.
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?