Unum Life Insurance Company of America v. Carbajal, et al.

Filing 43

ORDER. IT IS HEREBY ORDERED that 42 the Report and Recommendation is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that 39 Interested Party Johnny Dominguez's Motion for Interpleader Disbursement of Disputed Ownership Funds is GRANT ED. IT IS FURTHER ORDERED that the remaining deposited funds, or $128,115.84 plus accumulated interest, be disbursed to Johnny Dominguez. IT IS FURTHER ORDERED that the current disbursement be payable to Johnny Dominguez by check in the amount of $128,115.84 plus accumulated interest. The check may be released to Johnny Dominguez. Signed by Chief Judge Gloria M. Navarro on 7/25/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNUM LIFE INSURANCE COMPANY OF )
AMERICA,
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Plaintiff,
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vs.
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LINDA ROBLES, et al.,
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Defendants.
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Case No.: 2:16-cv-00053-GMN-VCF
ORDER

Pending before the Court is the Report and Recommendation of United States

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Magistrate Judge Cam Ferenbach, (ECF No. 42), which recommends that Interested Party

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Johnny Dominguez’s Motion for Interpleader Disbursement of Disputed Ownership Funds,

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(ECF No. 39), be granted.

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A party may file specific written objections to the findings and recommendations of a

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United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);

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D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo

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determination of those portions to which objections are made. Id. The Court may accept, reject,

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or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

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28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is

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not required to conduct “any review at all . . . of any issue that is not the subject of an

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objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized

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that a district court is not required to review a magistrate judge’s report and recommendation

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where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114,

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1122 (9th Cir. 2003).

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Here, no objections were filed, and the deadline to do so has passed.

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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 42), is

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ACCEPTED and ADOPTED in full.
IT IS FURTHER ORDERED that Interested Party Johnny Dominguez’s Motion for
Interpleader Disbursement of Disputed Ownership Funds, (ECF No. 39), is GRANTED.
IT IS FURTHER ORDERED that the remaining deposited funds, or $128,115.84 plus
accumulated interest, be disbursed to Johnny Dominguez.
IT IS FURTHER ORDERED that the current disbursement be payable to Johnny
Dominguez by check in the amount of $128,115.84 plus accumulated interest. The check may
be released to Johnny Dominguez.

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DATED this ________ day of July, 2017.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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