Da-Silva v. Smith's Food & Drug Centers, Inc.

Filing 24

ORDER Accepting the 21 Report and Recommendation of Magistrate Judge Cam Ferenbach. Defendant Smith's Food & Drug Centers, Inc.'s 14 Motion to Dismiss or in The Alternative To Compel Discovery And Award Sanctions is Granted. IT IS FURTHER ORDERED that Plaintiff's Complaint is Dismissed with prejudice. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Gloria M. Navarro on 6/7/2013. (Copies have been distributed pursuant to the NEF - SLD)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4

VIVIAN RODRIGUES DA-SILVA,

5

Plaintiff,
vs.

6
7
8

SMITH’S FOOD & DRUG CENTERS,
INC., doing business as SMITH’S,
Defendant.

9
10
11

)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:12-cv-00595-GMN-VCF
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF MAGISTRATE
JUDGE CAM FERENBACH
(ECF Doc. #21)

Pending before the Court is Defendant Smith’s Food & Drug Centers, Inc.’s Motion to

12

Dismiss, or, in the Alternative to Compel Discovery and Award Sanctions, filed December 13,

13

2012. (ECF No. 14). Also before the Court is the Report and Recommendation of the

14

Honorable Cam Ferenbach, United States Magistrate Judge, entered February 6, 2013. (ECF

15

No. 21).

16

Pursuant to Local Rule IB 3-2(a), objections were due by February 23, 2013. No

17

objections have been filed. In accordance with 28 U.S.C. § 636(b)(1) and Local Rule IB 1-4,

18

the Court has reviewed the record in this case and has determined that Magistrate Judge

19

Ferenbach’s Recommendation should be ACCEPTED.

20

IT IS THEREFORE ORDERED that Defendant Smith’s Food & Drug Centers, Inc.’s

21

Motion to Dismiss, or, in the Alternative to Compel Discovery and Award Sanctions, filed

22

December 13, 2012 (#14) is hereby GRANTED.

23

IT IS FURTHER ORDERED that Plaintiff’s Complaint is DISMISSED with

24

prejudice as a sanction pursuant to Fed. R. Civ. P. 37 and the inherent power of this court to

25

sanction Plaintiff for her bad faith conduct, for the reasons set forth in the Report and

1

Recommendation of the Honorable Cam Ferenbach, United States Magistrate Judge, entered

2

February 6, 2013. (ECF No. 21).

3
4
5

IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.
DATED this 7th day of June, 2013.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

______________________________________
Gloria M. Navarro
United States District Judge