Perfekt Marketing LLC v. Luxury Vacation Deals LLC et al

Filing 38

ORDER Adopting 37 Report and Recommendations of Magistrate Judge Leen in their entirety. Signed by Judge James C. Mahan on 02/05/2016. (Copies have been distributed pursuant to the NEF - NEV)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 PERFEKT MARKETING, LLC, 8 9 10 Case No. 2:15-CV-717 JCM (PAL) Plaintiff(s), ORDER v. LUXURY VACATION DEALS, LLC, et al., 11 Defendant(s). 12 13 14 Presently before the court are the report and recommendation of Magistrate Judge Leen. (Doc. # 37). No objections were filed, and the deadline for filing objections has passed. 15 Magistrate Judge Leen recommended that plaintiff’s motion for disbursement of funds 16 (doc. # 33) be granted and that the case be dismissed as there is no longer a case or controversy 17 for the court to adjudicate. 18 This court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects 20 to a magistrate judge’s findings and recommendation, then the court is required to “make a de 21 novo determination of those portions of the [report and recommendation] to which objection is 22 made.” 28 U.S.C. § 636(b)(1). 23 Where a party fails to object, however, the court is not required to conduct “any review at 24 all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 25 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a 26 magistrate judge’s report and recommendation where no objections have been filed. See United 27 States v. Reyna–Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review 28 employed by the district court when reviewing a report and recommendation to which no James C. Mahan U.S. District Judge 1 objections were made); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003) 2 (reading the Ninth Circuit’s decision in Reyna–Tapia as adopting the view that district courts are 3 not required to review “any issue that is not the subject of an objection.”). Thus, if there is no 4 objection to a magistrate judge’s recommendation, then this court may accept the recommendation 5 without review. See, e.g., Johnstone, 263 F. Supp. 2d at 1226 (accepting, without review, a 6 magistrate judge’s recommendation to which no objection was filed). 7 Nevertheless, this court finds it appropriate to engage in a de novo review to determine 8 whether to adopt the recommendation of the magistrate judge. 9 recommendation and underlying briefs, this court finds good cause to ADOPT the magistrate 10 Upon reviewing the judge’s findings in full. 11 Accordingly, 12 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the report and 13 14 15 16 recommendation of Magistrate Judge Leen, (doc. # 37), are ADOPTED in their entirety. DATED February 5, 2016. __________________________________________ _____________________________ ____ _ UNITED STATES DISTRICT JUDGE NITED STATES IT IT D 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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