Cordero v. Miraval Holdings LLC et al

Filing 140

ORDER granting 93 Motion for Summary Judgment; adopting Report and Recommendations re 129 Report and Recommendations.; denying as moot 130 Motion for Hearing; denying as moot 132 Motion for Reconsideration re 129 report and recommendation. The Clerk of the Court shall enter judgment and close the file in this matter. Signed by Judge Jennifer G Zipps on 02/19/13.(LMF)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Joseph Cordero,

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No. CV-10-642-TUC-JGZ
Plaintiff,

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vs.

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ORDER

Miraval Holding LLC, et al.

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Defendants.

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Pending before the Court is a Report and Recommendation (“R&R”) issued by

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United States Magistrate Judge Leslie A. Bowman that recommends granting the Motion

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for Summary Judgment filed by Defendant Miraval Holding, LLC and Miraval Resort

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Tucson (“Miraval”) on May 16, 2012.

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Magistrate Judge Bowman, Defendant Miraval is entitled to judgment as a matter of law

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because Plaintiff has failed to demonstrate a material issue of fact with respect to his

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claims against Miraval.1 As the Court finds that the R&R appropriately resolved the

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Motion for Summary Judgment, Plaintiff’s objections (Docs. 134, 137) are denied.

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(Doc. 129.)

As thoroughly explained by

Accordingly, IT IS HEREBY ORDERED as follows:
(1) Magistrate Judge Bowman’s Report and Recommendation (Doc. 129) is accepted
and adopted;
(2) Defendant Miraval’s motion for summary judgment (Doc. 93) is granted;

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The Court reviews de novo the objected-to portions of the R&R, and reviews for clear
error the unobjected-to portions of the R&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b);
Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 F.
Supp. 2d 1203, 1204 (D. Or. 1998).

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(3) All other pending Motions are denied as moot; and

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(4) The Clerk of the Court shall enter judgment and close the file in this matter.

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Dated this 19th day of February, 2013.

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