First 100, LLC v. Federal Home Loan Mortgage Corporation et al

Filing 56

ORDER that 54 Report and Recommendation is ACCEPTED. Plaintiff First 100, LLC's complaint is DISMISSED with prejudice. The defendants' counterclaims remain pending subject to the stay previously entered. See ECFNo. 42 . Signed by Judge Andrew P. Gordon on 4/2/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FIRST 100, LLC,

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Case No. 2:15-cv-01303-APG-PAL
Plaintiff,

v.
FEDERAL HOME LOAN MORTGAGE
CORPORATION, et al.,
Defendants.

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ORDER ACCEPTING REPORT AND
RECOMMENDATION AND
DISMISSING THE PLAINTIFF’S
COMPLAINT
(ECF No. 54)

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On March 7, 2018, Magistrate Judge Leen issued a report and recommendation in which

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she recommends that I dismiss plaintiff First 100, LLC’s complaint because First 100 has failed

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to comply with court orders that it obtain counsel and has not kept the court apprised of a current

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address. First 100 did not file an objection. Thus, I am not obligated to conduct a de novo review

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of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de

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novo determination of those portions of the report or specified proposed findings to which

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objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)

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(“the district judge must review the magistrate judge’s findings and recommendations de novo if

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objection is made, but not otherwise” (emphasis in original)).
IT IS THEREFORE ORDERED that Magistrate Judge Leen’s report and recommendation

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(ECF No. 54) is accepted. Plaintiff First 100, LLC’s complaint is DISMISSED with prejudice.

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The defendants’ counterclaims remain pending subject to the stay previously entered. See ECF

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No. 42.

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DATED this 2nd day of April, 2018.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE