Ollier et al v. Sweetwater Union High School District et al

Filing 353

ORDER adopting 352 Report and Recommendation. The Joint Motion to Withdraw Enforcement Motion and Vacate Order to Show Cause (doc. no. 346 ) is granted, including the request to withdraw of Plaintiffs Motion to Enforce Permanent Injunction (doc. no. 225), and discharge the Order to Show Cause Why Defendant Should Not Be Held in Contempt (doc. no. 249). Signed by Judge M. James Lorenz on 7/28/2020. (jpp)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

VERONICA OLLIER, et al.,

Case No.: 07-cv-00714-L-JLB
Plaintiffs,

12
13

v.

14

ORDER ADOPTING REPORT AND
RECOMMENDATION

SWEETWATER UNION HIGH
SCHOOL DISTRICT, et al.,

15

Defendants.

16
17

Pending before the Court in this action alleging violations of Title IX of the

18

Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”) is a Report and

19

Recommendation (“R&R”) issued by Magistrate Judge Jill L. Burkhardt (doc. no. 352),

20

recommending to grant the Joint Motion to Withdraw Enforcement Motion and Vacate

21

Order to Show Cause (doc. no. 346), approve the withdrawal of Plaintiffs’ Motion to

22

Enforce Permanent Injunction (doc. no. 225), and discharge the Order to Show Cause

23

Why Defendant Should Not Be Held in Contempt (doc. no. 249). No objections have

24

been filed to the R&R.

25

A district judge "may accept, reject, or modify the recommended disposition" on a

26

dispositive matter prepared by a magistrate judge proceeding without the consent of the

27

parties for all purposes. Fed. R. Civ. P. 72(b)(3); see 28 U.S.C. § 636(b)(1). "[T]he court

28

shall make a de novo determination of those portions of the [report and recommendation]
1
07-cv-00714-L-JLB

1

to which objection is made." 28 U.S.C. § 636(b)(1). When no objections are filed, the de

2

novo review is waived. Section 636(b)(1) does not require review by the district court

3

under a lesser standard. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The "statute

4

makes it clear that the district judge must review the magistrate judge's findings and

5

recommendations de novo if objection is made, but not otherwise." United States v.

6

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original).

7

In the absence of objections, the Court adopts the R&R. Accordingly, the Joint

8

Motion to Withdraw Enforcement Motion and Vacate Order to Show Cause (doc. no.

9

346) is granted, including the request to withdraw of Plaintiffs’ Motion to Enforce

10

Permanent Injunction (doc. no. 225), and discharge the Order to Show Cause Why

11

Defendant Should Not Be Held in Contempt (doc. no. 249).

12
13

IT IS SO ORDERED.
Dated: July 28, 2020

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
07-cv-00714-L-JLB