Alexis v. Rogers et al

Filing 105

ORDER: (1) Adopting Report and Recommendation [Doc. No. 103 ]; and (2) Granting Defendants' Motion for Terminating Sanctions Against Plaintiff [Doc. No. 99 ]. Signed by Judge Cathy Ann Bencivengo on 5/30/2017. (All non-registered users served via U.S. Mail Service)(jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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LAURA ALEXIS, an individual,

Case No.: 15cv691-CAB-BLM
Plaintiff,

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v.

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ORDER: (1) ADOPTING REPORT
AND RECOMMENDATION [Doc.
No. 103]; and (2) GRANTING
DEFENDANTS’ MOTION FOR
TERMINATING SANCTIONS
AGAINST PLAINTIFF [Doc. No. 99]

JAMES B. ROGERS, an individual;
GLADYS HOLDINGS, LLC, a New
York Limited Liability Corporation;
BEELAND INTERESTS, INC., a
Delaware Corporation; and DOES 1 - 50,
inclusive,

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Defendant.

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Pending before the Court is the Report and Recommendation (“R&R”) of

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Magistrate Barbara L. Major, filed on May 12, 2017, recommending that the Court grant

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Defendants’ motion for terminating sanctions against Plaintiff. [Doc. No. 103.]

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Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1) set forth a district

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court’s duties in connection with a magistrate judge’s report and recommendation. The

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district court must “make a de novo determination of those portion of the report to which

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objection is made,” and “may accept, reject, or modify, in whole or in part, the findings

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

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15cv691-CAB-BLM

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United States v. Raddatz, 447 U.S. 667, 673-76 (1980); United States v. Remsing, 874

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F.2d 614, 617 (9th Cir. 1989). However, in the absence of timely objection, the Court

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“need only satisfy itself that there is no clear error on the face of the record in order to

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accept the recommendation.” Fed.R.Cvi.P. 72 advisory committee’s note (citing

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Campbel v. U.S. Dist. Court, 501 F.2d 196, 206 (9th Cir. 1974)); see also United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(“[T]he district judge must review the

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magistrate judge’s findings and recommendations de novo if objection is made, but not

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otherwise.”).

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Here, neither party has timely filed objections to Magistrate Judge Major’s R&R.

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[See Doc. No. 103 at 21 (objections due by May 26, 2017).] Having reviewed the R&R,

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the Court finds that it is thorough, well-reasoned, and contains no clear error.

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Accordingly, the Court hereby: (1) ADOPTS Magistrate Judge Major’s Report and

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Recommendation; and (2) GRANTS Defendants’ motion for terminating sanctions

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against Plaintiff.

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The complaint is HEREBY DISMISSED WITH PREJUDICE. The Clerk shall
close the case.
IT IS SO ORDERED.
Dated: May 30, 2017

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15cv691-CAB-BLM