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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Simon Russell,
Plaintiff,

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Werner Enterprises Incorporated, et al.,

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ORDER

v.

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No. CV-14-02474-TUC-RM (EJM)

Defendants.

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On July 20, 2016, Magistrate Judge Eric J. Markovich issued a Report and

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Recommendation (Doc. 88) recommending that this Court grant Plaintiff’s Motion to

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Consolidate (Doc. 55). No objections to the Report and Recommendation were filed.

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A district judge must “make a de novo determination of those portions” of a

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magistrate judge’s “report or specified proposed findings or recommendations to which

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objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule

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72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is

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

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in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b)

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advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170

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F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the

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district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan,

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CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for

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clear error unobjected-to portions of Report and Recommendation).

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The Court has reviewed Judge Markovich’s Report and Recommendation, the

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parties’ briefs, and the record. The Court finds no error in Judge Markovich’s Report and

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Recommendation. Accordingly,

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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.

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IT IS FURTHER ORDERED that the above-captioned case, Russell v. Werner

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Enterprises, CV 14-02474-TUC-RM(EJM), is consolidated with Russell v. Flores, CV

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16-00088-TUC-RM, for all further proceedings. All future filings shall be made in

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Russell v. Werner Enterprises, CV 14-02474-TUC-RM(EJM).

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IT IS FURTHER ORDERED that this matter will continue to be referred to

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Magistrate Judge Eric J. Markovich for all pretrial proceedings and report and

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recommendation, in accordance with the provisions of 28 U.S.C. § 636(b)(1) and LRCiv

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72.1 and 72.2.

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Dated this 12th day of August, 2016.

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Honorable Rosemary Márquez
United States District Judge

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