Farmers Insurance Exchange v. LG Electronics USA, Inc. et al

Filing 111

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 109 Magistrate Judge Ferenbach's report and recommendation be, and the same hereby is, ADOPTED in its entirety. IT IS FURTHER ORDERED that 106 Best Buy's motion to deem confiden tial release and agreement fully executed be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that the instant case be, and the same hereby is, DISMISSED WITH PREJUDICE. The clerk shall enter judgment accordingly and close the case. Signed by Judge James C. Mahan on 2/28/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FARMERS INSURANCE EXCHANGE for
Itself and as subrogee of its insured
DOREEN FILOMENA,

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Case No. 2:15-CV-1389 JCM (VCF)
ORDER

Plaintiff(s),
v.
LG ELECTRONICS USA, INC., et al.,

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Defendant(s).

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Presently before the court is Magistrate Judge Ferenbach’s report and recommendation

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(ECF No. 109) that Best Buy Stores, L.P.’s (“Best Buy”) motion to deem global confidential

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release and agreement fully executed be granted (ECF No. 106). No objections have been filed,

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and the deadline for filing objections has since passed.

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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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James C. Mahan
U.S. District Judge

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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).

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No party has objected to the report and recommendation. Nevertheless, this court finds it

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appropriate to engage in a de novo review to determine whether to adopt the recommendation of

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the magistrate judge. Upon reviewing the recommendation and underlying briefs, the court finds

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that good cause appears to adopt the magistrate judge’s findings.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Magistrate Judge

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Ferenbach’s report and recommendation (ECF No. 109) be, and the same hereby is, ADOPTED

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in its entirety.
IT IS FURTHER ORDERED that Best Buy’s motion to deem confidential release and
agreement fully executed (ECF No. 106) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that the instant case be, and the same hereby is, DISMISSED
WITH PREJUDICE.

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The clerk shall enter judgment accordingly and close the case.

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DATED February 28, 2018.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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