Anifer et al v. Clement Trucking LLC et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED: Magistrate Judge Aguilera's Report and Recommendation (Doc. 23 ) is ACCEPTED; Plaintiffs' Motion for Attorneys' Fees (Doc. 21 ) is GRANTED; Plaintiffs are awarded $5,135 i n attorney fees and $1,008 in costs; Plaintiffs are awarded post-judgment interest on the award of attorney fees and costs at the applicable statutory rate; Plaintiffs may move for additional attorneys' fees and costs incurred in collecting the default judgment; and the Clerk of Court shall enter judgment in accordance with this Order. Signed by Judge Scott H Rash on 11/22/2024. (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

Defendants.

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Pending before the Court is a Report and Recommendation issued by United States

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Magistrate Judge Maria S. Aguilera (Doc. 23) recommending this Court grant Plaintiffs’

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Motion for Attorneys’ Fees (Doc. 21). To date, no objections have been filed.

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The Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see Baxter v.

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Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service

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of a copy of the Magistrate Judge’s recommendation within which to file specific written

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objections to the Court. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a Magistrate

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Judge’s recommendation relieves the Court of conducting de novo review of the

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Magistrate’s factual findings and waives all objections to those findings on appeal. See

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Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate

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Judge’s conclusion “is a factor to be weighed in considering the propriety of finding waiver

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of an issue on appeal.” Id. (quoting Martinez v. Ylst, 951 F.2d 1153, 1156 (9th Cir. 1991)).

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Having reviewed Magistrate Judge Aguilera’s Report and Recommendation, and no

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objections having been made by any party thereto, the Court hereby incorporates and

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adopts the Magistrate Judge’s Report and Recommendation. Accordingly,

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IT IS ORDERED:

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(1) Magistrate Judge Aguilera's Report and Recommendation (Doc. 23) is

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ACCEPTED;

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(2) Plaintiffs' Motion for Attorneys' Fees (Doc. 21) is GRANTED;

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(3) Plaintiffs are awarded $5,135 in attorney fees and $1,008 in costs;

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(4) Plaintiffs are awarded post-judgment interest on the award of attorney fees and

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costs at the applicable statutory rate;
(5) Plaintiffs may move for additional attorneys' fees and costs incurred in collecting
the default judgment; and
(6) the Clerk of Court shall enter judgment in accordance with this Order.
Dated this 22nd day of November, 2024.

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