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