J & J Sports Productions Incorporated v. Vega et al

Filing 20

ORDER granting 16 Motion for Default Judgment; Accepted and adopting Report and Recommendations re 18 Report and Recommendation. The Clerk of the Court shall enter judgment in favor of Plaintiff and against Defendants in the amount of $12,600.. Signed by Chief Judge Raner C Collins on 11/25/2013.(JKM)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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J & J Sports Productions Incorporated,
Plaintiff,

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ORDER

v.

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No. CV-12-00548-TUC-RCC

Etelberto Gonzalez Vega, et al.,

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Defendants.

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Pending before the Court is Plaintiff’s Notice of Application and Application for

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Default Judgment by the Court (Doc. 16) and Magistrate Judge Hector C. Estrada’s

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Report and Recommendation (R & R) (Doc. 18). The parties did not file objections to

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Judge Estrada’s R & R. The Court accepts and adopts Magistrate Judge Estrada’s

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November 5, 2013 R & R (Doc. 18) as the findings of fact and conclusions of law of this

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Court and grants Plaintiff’s Application for Default Judgment (Doc. 16).

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I.

Background

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The factual and procedural background in this case is thoroughly detailed in

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Magistrate Judge Estrada’s R & R (Doc. 18). This Court full incorporates by reference

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the “Factual and Procedural Background” section of the R&R into this Order.

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II.

Discussion

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The duties of the district court in connection with a R & R are set forth in Rule 72

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of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). The district court may

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“accept, reject, or modify the recommended disposition; receive further evidence; or

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return the matter to the magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3); 28

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U.S.C. § 636(b)(1).

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Where the parties object to an R & R, “[a] judge of the [district] court shall make a

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de novo determination of those portions of the [R & R] to which objection is made.” 28

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U.S.C. § 636(b)(1); see Thomas v. Arn, 474 U.S. 140, 149-50 (1985). When no objection

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is filed, the district court need not review the R & R de novo. Wang v. Masaitis, 416 F.3d

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992, 1000 n. 13 (9th Cir.2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22

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(9th Cir.2003) (en banc). Therefore to the extent that no objection has been made,

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arguments to the contrary have been waived. McCall v. Andrus, 628 F.2d 1185, 1187 (9th

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Cir.1980) (failure to object to Magistrate's report waives right to do so on appeal); see

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also, Advisory Committee Notes to Fed.R.Civ.P. 72 (citing Campbell v. United States

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Dist. Court, 501 F.2d 196, 206 (9th Cir.1974) (when no timely objection is filed, the

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court need only satisfy itself that there is no clear error on the face of the record in order

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to accept the recommendation).

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The Court will not disturb a magistrate judge’s order unless his factual findings

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are clearly erroneous or his legal conclusions are contrary to law. 28 U.S.C. §

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636(b)(1)(A). “[T]he magistrate judge’s decision…is entitled to great deference by the

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district court.” U.S. v. Abonce-Barrera, 257 F.3d 959, 969 (9th Cir. 2001). A failure to

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raise an objection waives all objections to the magistrate judge’s findings of fact. Turner

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v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate Judge’s

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conclusion “is a factor to be weighed in considering the propriety of finding waiver of an

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issue on appeal.” Id. (internal citations omitted).

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The parties have not objected to the R & R (Doc. 18), which relieves the Court of

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its obligation to review. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th

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Cir.2003); Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1) ] does not ...

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require any review at all ... of any issue that is not the subject of an objection.”);

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Fed.R.Civ.P. 72(b)(3) (“The district judge must determine de novo any part of the

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magistrate judge's disposition that has been properly objected to.”). This Court considers

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the R & R to be thorough and well-reasoned. After a thorough review of the record, the

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Court will ADOPT the R & R of Magistrate Judge Estrada (Doc. 18).

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Accordingly,

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IT IS HEREBY ORDERED that Magistrate Judge Estrada’s Report and

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Recommendation (Doc. 18) is ACCEPTED and ADOPTED as the findings of fact and

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conclusions of law by this Court;

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IT IS FURTHER ORDERED Plaintiff’s Application for Default Judgment (Doc.

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16) is granted. The Clerk of the Court shall enter judgment in favor of Plaintiff and

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against Defendants in the amount of $12,600.

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DATED this 25th day of November, 2013.

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