Hodge et al v. Nationstar Mortgage LLC et al

Filing 22

ORDER ADOPTING 21 REPORT AND RECOMMENDATION. Neither party has filed objections to Magistrate Judge Burkhardt's R&R. Having reviewed the R&R, the Court finds it thorough, well-reasoned, and contains no clear error. Accordingly, the Court hereby: (1) ADOPTS Magistrate Judge Burkhardt's R&R in its entirety; and (2) DISMISSES the case WITH PREJUDICE. The Clerk of Court is directed to CLOSE this case. Signed by Judge Anthony J. Battaglia on 12/3/2018.(acc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOSEPH HODGE, et al.,

Case No.: 18-cv-00601-AJB-JLB
Plaintiffs,

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ORDER:

v.
NATIONSTAR MORTGAGE, LLC,

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(1) ADOPTING THE REPORT AND
RECOMMENDATION; AND

Defendant.

(2) DISMISSING THE CASE WITH
PREJUDICE

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(Doc. No. 21)

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Presently before the Court is Magistrate Judge Jill L. Burkhardt’s Report and

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Recommendation (“R&R”), which was issued on July 16, 2018. (Doc. No. 21.) On May

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29, 2018, attorney Matin Rajabov, counsel for plaintiffs, failed to attend a court-ordered

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Settlement Disposition Conference. (Doc. Nos. 10 and 11.) On May 29, 2018, an Order to

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Show Cause was issued by Magistrate Judge Burkhardt ordering Matin Rajabov: (1) by

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June 5, 2018, to file a declaration informing the Court why he did not attend the Settlement

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Disposition Conference and why sanctions should not be imposed for his failure to appear;

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and (2) to attend a show cause hearing on June 14, 2018. (Doc. No. 13.) Matin Rajabov

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failed to appear on June 14, 2018. On June 19, 2018, Magistrate Judge Burkhardt issued
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18-cv-00601-AJB-JLB

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an Order concluding that Matin Rajabov should be sanctioned for his failure to appear at

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the court-ordered Settlement Disposition Conference and that the imposition of a $250.00

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monetary sanction is both reasonable and just. (Doc. No. 18.) Further, the June 19, 2018

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Order also directed Matin Rajabov to file a declaration informing the Court why an

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additional monetary sanction in the amount of $500.00 should not be imposed for his

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failure to comply with court orders. (Doc. No. 18.) A show cause hearing was again held

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on July 12, 2018 before Magistrate Judge Burkhardt and Matin Rajabov failed to appear.

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(Doc. No. 20.)

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The R&R recommends that this case be dismissed for Plaintiffs’ and Plaintiffs’

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counsel’s failure to comply with Court orders and meaningfully participate in this case

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since the filing of the April 2018 Notice of Settlement. (Doc. No. 21 at 5.) The parties were

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instructed to file written objections to the R&R by July 30, 2018, and a reply to the

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objections no later than August 6, 2018. (Id.)

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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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judge’s duties in connection with a magistrate judge’s R&R. The district judge must “make

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a de novo determination of those portions of the report . . . to which objection is made[,]”

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and “may accept, reject, or modify, in whole or in part, the findings or recommendations

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made by the magistrate judge.” 28 U.S.C. § 636(b)(1); United States v. Remsing, 874 F.2d

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614, 617 (9th Cir. 1989). However, in the absence of objection(s), the Court “need only

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

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recommendation.” Fed. R. Civ. P. 72(b) advisory committee note to the 1983 amendment;

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United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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Neither party has filed objections to Magistrate Judge Burkhardt’s R&R. Having

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reviewed the R&R, the Court finds it thorough, well-reasoned, and contains no clear error.

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Accordingly, the Court hereby: (1) ADOPTS Magistrate Judge Burkhardt’s R&R in its

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entirety; and (2) DISMISSES the case WITH PREJUDICE. The Clerk of Court is

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directed to CLOSE this case.

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IT IS SO ORDERED.

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Dated: December 3, 2018

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