Fidelis Holdings, LLC et al v. Hand

Filing 66

ORDER REGARDING REPORT AND RECOMMENDATIONS Accepting 65 Report and Recommendation and Granting in Part and Denying in Part 58 Motion for Attorney Fees (See Order for Details). Signed by Chief Judge Gloria M. Navarro on 1/25/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FIDELIS HOLDINGS, LLC, et al.,
Plaintiffs,
vs.
LEARNED J. HAND,
Defendant.

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Case No.: 2:15-cv-00147-GMN-NJK
ORDER

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Pending before the Court is the Report and Recommendation of United States

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Magistrate Judge Nancy J. Koppe, (ECF No. 65), which recommends that Defendant Learned J.

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Hand’s Motion for Attorney Fees, (ECF No. 58), be granted.

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A party may file specific written objections to the findings and recommendations of a

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United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);

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D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo

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determination of those portions to which objections are made. Id. The Court may accept, reject,

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or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

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28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is

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not required to conduct “any review at all . . . of any issue that is not the subject of an

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objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized

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that a district court is not required to review a magistrate judge’s report and recommendation

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where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114,

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1122 (9th Cir. 2003).

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Here, no objections were filed, and the deadline to do so has passed.

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Accordingly,

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IT IS ORDERED that the Report and Recommendation, (ECF No. 65), is
ACCEPTED.
IT IS FURTHER ORDERED that Defendant Learned J. Hand’s Motion for Attorney

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Fees, (ECF No. 58), is GRANTED IN PART AND DENIED IN PART as follows: (1) the

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request for attorneys’ fees of Nevada local counsel be awarded in the amount of $25,491; (2)

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the request for attorneys’ fees of lead counsel through February 2016 be denied; (3) the request

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for attorneys’ fees of lead counsel from March 2016 through May 2016 be awarded in the

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amount of $3,250; and (4) the request for non-taxable costs be granted in the amount of

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$440.82.

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IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment accordingly.

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DATED this _____ day of January, 2017.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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