Perfekt Marketing LLC v. Luxury Vacation Deals LLC et al
Filing
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ORDER Adopting in it's Entirety 26 Report and Recommendation. Chicago Title Company, Inc terminated. Signed by Judge James C. Mahan on 7/13/2015. (Copies have been distributed pursuant to the NEF - DC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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PERFEKT MARKETING, LLC,
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Case No. 2:15-CV-717 JCM (PAL)
Plaintiff(s),
ORDER
v.
LUXURY VACATION DEALS, LLC, et al.,
Defendant(s).
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Presently before the court are the report and recommendation of Magistrate Judge Leen.
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(Doc. # 26). No objections have been filed, and the deadline for filing objections has now passed.
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This case arises out of a complaint in intervention to interplead funds filed by Chicago Title
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Company, Inc. (“Chicago Title”). Chicago Title holds $60,120.25 in a security fund for defendant
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Luxury Vacation Deals, LLC (“LVD”). (Doc. # 1-2).
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LVD deposited these funds in Chicago Title’s escrow trust account pursuant to purchase
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agreements executed between LVD and purchasers of sub-license agreements to LVD’s “Travel
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To Go” travel club program. (Doc. # 1-2).
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On December 3, 2014, plaintiff/defendant in intervention Perfekt Marketing, LLC
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(“Perfekt Marketing”) obtained an order directing Chicago Title to disburse the amount in the
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security fund to Perfekt Marketing. However, LVD and Chicago Title have received numerous
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conflicting claims to the money by LVD’s creditors. (Doc. # 1-2).
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On April 22, 2015, Chicago Title filed a motion to interplead funds. (Doc. # 10). No
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opposition was filed. Accordingly, Judge Leen issued an order and report and recommendation,
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in which she granted the motion to interplead funds and recommended that Chicago Title be
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James C. Mahan
U.S. District Judge
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dismissed from the action and discharged from any further liability for funds on deposit in the
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escrow fund. (Doc. # 26).
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This court “may accept, reject, or modify, in whole or in part, the findings or
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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects
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to a magistrate judge’s report and recommendation, then the court is required to “make a de novo
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determination of those portions of the [report and recommendation] to which objection is made.”
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28 U.S.C. § 636(b)(1).
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Where a party fails to object, however, the court is not required to conduct “any review at
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all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149
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(1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a
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magistrate judge’s report and recommendation where no objections have been filed. See United
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States v. Reyna–Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review
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employed by the district court when reviewing a report and recommendation to which no
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objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003)
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(reading the Ninth Circuit’s decision in Reyna–Tapia as adopting the view that district courts are
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not required to review “any issue that is not the subject of an objection.”). Thus, if there is no
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objection to a magistrate judge’s recommendation, then this court may accept the recommendation
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without review. See, e.g., Johnstone, 263 F. Supp. 2d at 1226 (accepting, without review, a
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magistrate judge’s recommendation to which no objection was filed).
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Nevertheless, this court finds it appropriate to engage in a de novo review to determine
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whether to adopt the recommendation of the magistrate judge.
Upon reviewing the
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recommendation and underlying briefs, this court finds good cause appears to ADOPT the
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magistrate judge’s findings in full.
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Accordingly,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the report and
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recommendation of Magistrate Judge Leen, (doc. # 26), be, and the same hereby are, ADOPTED
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in their entirety.
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James C. Mahan
U.S. District Judge
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IT IS FURTHER ORDERED that upon deposit of the disputed funds, Chicago Title be
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dismissed from this action and discharged from any further liability for funds on deposit in the
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escrow fund at issue in this case.
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DATED July 13, 2015.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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