Wells Fargo Bank, N.A. v. Saticoy Bay LLC Series 3948 Applecrest et al

Filing 60

ORDER Accepting 57 Report and Recommendation and Granting 54 Motion to Enforce Settlement Agreement. See Order for details/deadlines. Signed by Judge Andrew P. Gordon on 5/8/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-01360-APG-VCF Document 60 Filed 05/08/20 Page 1 of 2

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 WELLS FARGO BANK, N.A.,
4

Plaintiff

5 v.

Case No.: 2:17-cv-01360-APG-VCF
Order Accepting Report and
Recommendation and Granting Motion to
Enforce Settlement Agreement

6 SATICOY BAY LLC SERIES 3948
APPLECREST, et al.,
7
Defendants
8
9

[ECF Nos. 54, 57]

On April 23, 2020, Magistrate Judge Ferenbach recommended that I grant plaintiff Wells

10 Fargo Bank, N.A.’s motion to enforce the settlement agreement between Wells Fargo and
11 defendant Saticoy Bay LLC Series 3948 Applecrest. ECF No. 57. Saticoy Bay did not file an
12 objection. Thus, I am not obligated to conduct a de novo review of the report and
13 recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo
14 determination of those portions of the report or specified proposed findings to which objection is
15 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the
16 district judge must review the magistrate judge’s findings and recommendations de novo if
17 objection is made, but not otherwise” (emphasis in original)).
18

I THEREFORE ORDER that Magistrate Judge Ferenbach’s report and recommendation

19 (ECF No. 57) is accepted and plaintiff Wells Fargo Bank, N.A.’s motion to enforce settlement
20 agreement (ECF No. 54) is GRANTED. The claims between Wells Fargo Bank, N.A. and
21 defendant Saticoy Bay LLC Series 3948 Applecrest are DISMISSED with prejudice.
22 / / / /
23 / / / /

Case 2:17-cv-01360-APG-VCF Document 60 Filed 05/08/20 Page 2 of 2

1

I FURTHER ORDER that by May 29, 2020, plaintiff Wells Fargo Bank, N.A. and

2 defendant Absolute Collection Services, LLC shall file a stipulation of dismissal based on their
3 settlement agreement.
4

I FURTHER ORDER that by May 29, 2020, plaintiff Wells Fargo Bank, N.A. and

5 defendant Woodcrest Homeowners Association shall file either a stipulation of dismissal or a
6 status report regarding any remaining claims between them.
7

DATED this 8th day of May, 2020.

8

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

2