Russell v. Flores et al

Filing 95

ORDER that the Report and Recommendation (Doc. 88 ) is accepted and adopted in full. IT IS FURTHER ORDERED that Plaintiff's Motion to Consolidate (Doc. 55 ) is granted. All future filings shall be made in Russell v. Werner Enterprises, CV 14- 02474-TUC-RM(EJM). IT IS FURTHER ORDERED that this matter will continue to be referred to Magistrate Judge Eric J. Markovich for all pretrial proceedings and report and recommendation. Signed by Judge Rosemary Marquez on 8/12/2016. (See Attached Order for Complete Details) (Associated Cases: 4:14-cv-02474-RM-EJM, 4:16-cv-00088-RM) (SIB)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Simon Russell, Plaintiff, 10 11 Werner Enterprises Incorporated, et al., 13 ORDER v. 12 No. CV-14-02474-TUC-RM (EJM) Defendants. 14 15 On July 20, 2016, Magistrate Judge Eric J. Markovich issued a Report and 16 Recommendation (Doc. 88) recommending that this Court grant Plaintiff’s Motion to 17 Consolidate (Doc. 55). No objections to the Report and Recommendation were filed. 18 A district judge must “make a de novo determination of those portions” of a 19 magistrate judge’s “report or specified proposed findings or recommendations to which 20 objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule 21 72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is 22 filed, the court need only satisfy itself that there is no clear error on the face of the record 23 in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) 24 advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 25 F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the 26 district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan, 27 CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for 28 clear error unobjected-to portions of Report and Recommendation). 1 The Court has reviewed Judge Markovich’s Report and Recommendation, the 2 parties’ briefs, and the record. The Court finds no error in Judge Markovich’s Report and 3 Recommendation. Accordingly, 4 5 6 7 IT IS ORDERED that the Report and Recommendation (Doc. 88) is accepted and adopted in full. IT IS FURTHER ORDERED that Plaintiff’s Motion to Consolidate (Doc. 55) is granted. 8 IT IS FURTHER ORDERED that the above-captioned case, Russell v. Werner 9 Enterprises, CV 14-02474-TUC-RM(EJM), is consolidated with Russell v. Flores, CV 10 16-00088-TUC-RM, for all further proceedings. All future filings shall be made in 11 Russell v. Werner Enterprises, CV 14-02474-TUC-RM(EJM). 12 IT IS FURTHER ORDERED that this matter will continue to be referred to 13 Magistrate Judge Eric J. Markovich for all pretrial proceedings and report and 14 recommendation, in accordance with the provisions of 28 U.S.C. § 636(b)(1) and LRCiv 15 72.1 and 72.2. 16 Dated this 12th day of August, 2016. 17 18 19 Honorable Rosemary Márquez United States District Judge 20 21 22 23 24 25 26 27 28 -2-

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