State National Insurance Company, Inc. v. Diversified Concrete Cutting, Inc. et al

Filing 29

ORDER accepting and adopting 28 Report and Recommendation. ORDER granting 23 Motion for Default Judgment. Signed by Judge Gloria M. Navarro on 4/26/2021. (Copies have been distributed pursuant to the NEF - HAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STATE NATIONAL INSURANCE
COMPANY, INC. and ALLEGHENY
CASUALTY COMPANY,

)
)
)
)
Plaintiff,
)
vs.
)
)
DIVERSIFIED CONCRETE CUTTING,
)
INC., a Nevada Corporation; MERCURIO
)
EQUIPMENT, LTD., a Nevada Limited
)
Liability Company; DEMO-TECH, LTD., a )
Nevada Limited Liability Company; BRANDT )
CHILDREN’S TRUST, a trust created by and )
for Individuals residing in the State of Nevada; )
KENNETH M. MERCURIO, an Individual; )
DOES I THROUGH X, Inclusive; ROE
)
CORPORATIONS I THROUGH X, Inclusive, )
)
Defendants.
)
)

Case No.: 2:18-cv-00687-GMN-EJY
ORDER

Pending before the Court is the Report and Recommendation (“R&R”) of United States

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Magistrate Judge Elayna Youchah, (ECF No. 28), which recommends that Plaintiffs’ Motion

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for Default Judgment, (ECF No. 23), 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
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, April 22, 2021, has passed.
(See Report and Recommendation, ECF No. 28).

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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 28), is

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ACCEPTED AND ADOPTED in full.
IT IS FURTHER ORDERED that the Motion for Default Judgment, (ECF No. 23) is
GRANTED.
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DATED this _____ day of April, 2021.

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

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