Maksoud v. Hopkins et al

Filing 215

ORDER 212 Adopting Report and Recommendation Regarding Settlement and Directing The Clerk to Close the Case. Signed by Judge Marilyn L. Huff on 3/20/2020. (sxa)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

SOUTHERN DISTRICT OF CALIFORNIA

9
10

DR. CHARBEL MAKSOUD,

Case No.: 3:17-cv-00362-H-WVG
Plaintiff,

11
12

v.

13

PHILIPPE GUELTON,

14

ORDER ADOPTING REPORT AND
RECOMMENDATION REGARDING
SETTLEMENT AND DIRECTING
THE CLERK TO CLOSE THE CASE

Defendant.
[Doc. No. 212.]

15
16
17

On March 5, 2020, the magistrate judge issued a report and recommendation

18

(“R&R”) recommending the closing of this case since the parties had enacted the terms of

19

the settlement agreement. (Doc. No. 212.) The magistrate judge’s order instructed that

20

objections to the R&R must be filed by March 19, 2020. The Court must review de novo

21

those portions of an R&R to which objections are made. 28 U.S.C. § 636(b)(1). “The statute

22

makes it clear,” however, “that the district judge must review the magistrate judge’s

23

findings and recommendations de novo if an objection is made, but not otherwise.” United

24

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

25

original). In this case, the deadline to file written objections to the R&R was March 19,

26

2020. (Doc. No. 212.) However, no objections have been filed and neither party has

27

requested additional time to do so. Here the parties entered into a settlement agreement on

28

the record and the Defendant tendered to the Plaintiff a check and signed an assignment of
1
3:17-cv-00362-H-WVG

1

rights if any. (Doc. No. 212.) Even upon a de novo review the Court would approve the

2

R&R given the entire record in this case. Accordingly, the Court APPROVES and

3

ADOPTS the R&R in its entirety and directs the Clerk to close the case.

4
5

IT IS SO ORDERED.
DATED: March 20, 2019

6

MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

3:17-cv-00362-H-WVG