Haines v. Get Air Tucson Incorporated et al

Filing 167

ORDERED that the 159 Report and Recommendation is accepted and adopted in full. Further ordered that Pacific Urethane, LLC's 103 Motion to Dismiss is granted. Defendant Pacific Urethanes, LLC is dismissed from this action with prejudice for lack of personal jurisdiction. Signed by Judge Rosemary Marquez on 3/20/2017.(BAR)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Blake Haines, No. CV-15-00002-TUC-RM (EJM) Plaintiff, 10 11 v. 12 ORDER Get Air Tucson Incorporated, et al., 13 Defendants. 14 15 On February 24, 2017, Magistrate Judge Eric J. Markovich issued a Report and 16 Recommendation (Doc. 159) recommending that this Court grant Pacific Urethane, 17 LLC’s Motion to Dismiss (Doc. 103). No objections to the Report and Recommendation 18 were filed. 19 A district judge must “make a de novo determination of those portions” of a 20 magistrate judge’s “report or specified proposed findings or recommendations to which 21 objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule 22 72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is 23 filed, the court need only satisfy itself that there is no clear error on the face of the record 24 in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) 25 advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 26 F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the 27 district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan, 28 CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for 1 clear error unobjected-to portions of Report and Recommendation). 2 The Court has reviewed Judge Markovich’s Report and Recommendation, the 3 parties’ briefs, and the record. The Court finds no error in Judge Markovich’s Report and 4 Recommendation. Accordingly, 5 6 IT IS ORDERED that the Report and Recommendation (Doc. 159) is accepted and adopted in full. 7 IT IS FURTHER ORDERED that Pacific Urethane, LLC’s Motion to Dismiss 8 (Doc. 103) is granted. Defendant Pacific Urethanes, LLC is dismissed from this action 9 with prejudice for lack of personal jurisdiction. 10 Dated this 20th day of March, 2017. 11 12 13 Honorable Rosemary Márquez United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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