Perfekt Marketing LLC v. Luxury Vacation Deals LLC et al
Filing
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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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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.,
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Defendant(s).
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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.
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Magistrate Judge Leen recommended that plaintiff’s motion for disbursement of funds
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(doc. # 33) be granted and that the case be dismissed as there is no longer a case or controversy
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for the court to adjudicate.
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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 findings and recommendation, then the court is required to “make a de
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novo determination of those portions of the [report and recommendation] to which objection is
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made.” 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
James C. Mahan
U.S. District Judge
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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.
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recommendation and underlying briefs, this court finds good cause to ADOPT the magistrate
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Upon reviewing the
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. # 37), are ADOPTED in their entirety.
DATED February 5, 2016.
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UNITED STATES DISTRICT JUDGE
NITED STATES
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James C. Mahan
U.S. District Judge
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