Dominguez et al v. Hobby Lobby Stores, Inc. et al

Filing 24

ORDER: (1) Adopting 22 Report and Recommendation; and (2) Approving Minor's Compromise re 16 . Signed by Judge Thomas J. Whelan on 10/8/2019. (jao)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 SOUTHERN DISTRICT OF CALIFORNIA 7 8 SANTOS DOMINGUEZ, III, et al., Case No.: 18-CV-2872 W (KSC) Plaintiffs, 9 10 v. 11 ORDER: HOBBY LOBBY STORES, INC. AND DOES 1-20, 12 13 (1) ADOPTING REPORT AND RECOMMENDATION [DOC. 22]; AND Defendants. (2) APPROVING MINOR’S COMPROMISE [DOC. 16] 14 15 16 On November 13, 2018, Plaintiff Santos Dominguez, III, by and through his parent 17 and Guardian Ad Litem, Veronica Dominguez, filed a complaint in the Superior Court of 18 California, County of San Diego, North County Division. [Doc. 1-2.] Hobby Lobby 19 removed the matter to this Court on December 21, 2018. [Doc. 1.] Hobby Lobby 20 answered the complaint on March 15, 2019. [Doc. 6.] 21 On June 13, 2019, United States Magistrate Judge Barbara L. Major was randomly 22 assigned to handle the Minor’s Compromise. [Doc. 10.] Judge Major issued a Report 23 and Recommendation (“R&R”) recommending that the Court approve the minor’s 24 compromise. (R&R [Doc. 22].) Judge Major further ordered that any objections to the 25 R&R be filed by October 7, 2019. (See id. [Doc. 22] 3.) No objections were filed. There 26 has been no request for additional time to object. 27 28 A district court’s duties concerning a magistrate judge’s report and recommendation and a respondent’s objections thereto are set forth in Rule 72(b) of the 1 18-CV-2872 W (KSC) 1 Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). When no objections are 2 filed, the district court is not required to review the magistrate judge’s report and 3 recommendation. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) 4 (reasoning that 28 U.S.C. § 636(b)(1)(C) “makes it clear that the district judge must 5 review the magistrate judge’s finding and recommendations de novo if objection is made, 6 but not otherwise”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) 7 (concluding that where no objections were filed, the District Court had no obligation to 8 review the magistrate judge’s report). This rule of law is well-established within both the 9 Ninth Circuit and this district. See Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 10 2005) (“Of course, de novo review of a R & R is only required when an objection is 11 made to the R & R[.]”) (citing Reyna-Tapia, 328 F.3d at 1121); Nelson v. Giurbino, 395 12 F. Supp. 2d 946, 949 (S.D. Cal. 2005) (Lorenz, J.) (adopting the R&R without review 13 because neither party filed objections despite having the opportunity to do so); see also 14 Nichols v. Logan, 355 F. Supp. 2d 1155, 1157 (S.D. Cal. 2004) (Benitez, J.). 15 16 17 18 In light of the foregoing, the Court accepts Judge Major’s recommendation and ADOPTS the R&R [Doc. 22] in its entirety. Plaintiff’s Petition to Approve the Minor’s Compromise is GRANTED. [Doc. 16.] 19 20 IT IS SO ORDERED. 21 Dated: October 8, 2019 22 23 24 25 26 27 28 2 18-CV-2872 W (KSC)

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