YWS Architects, LLC v. Alon Las Vegas Resort, LLC et al

Filing 79

ORDER accepting and adopting 66 Report and Recommendation; FURTHER ORDERED that the encumbrance evidenced by the Western Alliance Bank UCC Financing Statement be expunged, only as to Tishmar's real property. Signed by Judge Richard F. Boulware, II on 2/1/2018. (Copies have been distributed pursuant to the NEF - JM) (Additional attachment(s) added on 2/1/2018: # 1 Exhibit) (JM).

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 YWS ARCHITECTS, LLC., doing business as YWS Design & Architecture Plaintiff, 11 12 13 14 Case No. 2:17-cv-01417-RFB-VCF ORDER v. ALON LAS VEGAS RESORT, LLC., formerly known as Alon Las Vegas Landco, LLC 15 16 Defendant. 17 18 19 Before the Court for consideration is the Report and Recommendation [ECF No. 66] of the Honorable Cam Ferenbach, United States Magistrate Judge, entered January 12, 2018. 20 A district court “may accept, reject, or modify, in whole or in part, the findings or 21 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific 22 written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 23 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 24 required to “make a de novo determination of those portions of the report or specified proposed 25 findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local 26 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 27 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 28 Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due 1 by January 30, 2018. No objections have been filed. The Court has reviewed the record in this 2 case and concurs with the Magistrate Judge’s recommendations. 3 4 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 66] is ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that the encumbrance evidenced by the Western Alliance 6 Bank UCC Financing Statement be expunged, only as to Tishmar's real property, identified 7 Assessor 's Parcel No. 162-09-403-004, more particularly described in Exhibit "A" hereto, in the 8 records of the Clark County Assessor. 9 The Clerk of Court is directed to serve a copy of this Order upon Plaintiff. 10 11 DATED: February 1, 2018. _____________________________ RICHARD F. BOULWARE, II United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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