Anifer et al v. Clement Trucking LLC et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Aguilera's Report and Recommendation (Doc. 18 ) is ACCEPTED. Plaintiff's Motion for Entry of Default Judgment (Doc. 16 ) is GRANTED. Default judgment is entered in favor of Pla intiff Penni Anifer in the amount of $18,225. As to Plaintiff Anifer, all Defendants are jointly and severally liable for $5,760, and that Defendants Clement Trucking LLC and Archie Lane LLC are jointly and severally liable for $12, 465. Default judgment is entered in favor of Plaintiff Kevin Sisk in the amount of $10,650. As to Plaintiff Sisk, all Defendants are jointly and severally liable for $3,840, and that Defendants Clement Trucking LLC and Archie Lane LLC ar e jointly and severally liable for $6,810. Plaintiffs shall be awarded post-judgment interest at the current rate pursuant to 28 U.S.C. § 1961. The Clerk of Court shall enter judgment accordingly and close the file in this case. Signed by Judge Scott H Rash on 9/24/2024. (MCO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Penni Anifer, et al.,
Plaintiffs,

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v.

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Clement Trucking LLC, et al.,

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No. CV-23-00518-TUC-SHR (MSA)
Order Accepting R&R with
Objections (Default Judgment)

No

Defendants.

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On August 21, 2024, Magistrate Judge Maria S. Aguilera issued a Report and

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Recommendation (“R&R”) in which she recommended the Court grant Plaintiffs’ Motion

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for Entry of Default Judgment. (Doc. 18 at 1, 7.) The R&R notified the parties they had

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fourteen (14) days after being served with a copy of the R&R to file any objections. (Id.

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at 7.) Plaintiff mailed a copy of the R&R via U.S. mail to Defendants. (Doc. 19.)

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If neither party objects to a magistrate judge’s report and recommendation, the

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District Court is not required to review the magistrate judge’s decision under any specified

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standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (district court only needs to

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review magistrate judge’s findings and recommendations de novo if objection is made).

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However, the statute for review of a magistrate judge’s recommendation “does not preclude

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further review by the district judge, sua sponte or at the request of a party, under a de novo

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or any other standard.” Thomas, 474 U.S. at 154.

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In this case, Defendants were served on September 4, 2024 when Plaintiffs mailed

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a copy of the R&R to Defendants’ last known address. See Fed. R. Civ. P. 5(b)(2)(C).

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Consequently, the deadline for filing objections has passed and neither party has requested

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additional time file an objection despite the warning from Judge Aguilera indicating

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“[f]ailure to file timely objections to any factual or legal determination of the Magistrate

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Judge may result in waiver of the right of review.” (Doc. 18 at 7.) Therefore, the Court

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will adopt the R&R on that basis alone. See Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

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1226 (D. Ariz. 2003) (district court declined to review the magistrate judge’s report

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because no objections were filed).

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Accordingly,

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IT IS ORDERED

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1) Magistrate Judge Aguilera's Report and Recommendation (Doc. 18) is

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ACCEPTED.

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2) Plaintiff's Motion for Entry of Default Judgment (Doc. 16) is GRANTED.

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3) Default judgment is entered in favor of Plaintiff Penni Anifer in the amount of

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$18,225. As to Plaintiff Anifer, all Defendants are jointly and severally liable

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for $5,760, and that Defendants Clement Trucking LLC and Archie Lane LLC

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are jointly and severally liable for $12,465.

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4) Default judgment is entered in favor of Plaintiff Kevin Sisk in the amount of

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$10,650. As to Plaintiff Sisk, all Defendants are jointly and severally liable for

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$3,840, and that Defendants Clement Trucking LLC and Archie Lane LLC are

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jointly and severally liable for $6,810.

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5) Plaintiffs shall be awarded post-judgment interest at the current rate pursuant to
28 U.S.C. § 1961.
6) The Clerk of Court shall enter judgment accordingly and close the file in this
case.
Dated this 24th day of September, 2024.

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