Cross v. Empressive Candles LLC et al
ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED that the 80 Report and Recommendation is accepted and adopted in full. IT IS ORDERED that Defendant's 75 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as follows: the Motion is granted as to Plaintiff's claim that Defendant is jointly and severally liable and denied as to Plaintiff's strict-liability claim. Signed by Judge Rosemary Marquez on 7/29/22. (BAC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Empressive Candles LLC, et al.,
No. CV-20-00423-TUC-RM (MSA)
On July 5, 2022, Magistrate Judge Maria S. Aguilera issued a Report and
Recommendation (Doc. 80) recommending that this Court grant Defendant’s Motion for
Summary Judgment (Doc. 75) on Plaintiff’s claim that Defendant is jointly and severally
liable and deny Defendant’s Motion for Summary Judgment on Plaintiff’s strict-liability
claim. 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).
Recommendation, the parties’ briefs, and the record.
Magistrate Judge Aguilera’s Report and Recommendation.
The Court finds no error in
IT IS ORDERED that the Report and Recommendation (Doc. 80) is accepted
and adopted in full.
IT IS FURTHER ORDERED that Defendant’s Motion for Summary Judgment
(Doc. 75) is granted in part as denied in part as follows: the Motion is granted as to
Plaintiff’s claim that Defendant is jointly and severally liable and denied as to Plaintiff’s
Dated this 29th day of July, 2022.
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