Colvin v. M.J. Dean Construction, Inc.

Filing 20

ORDER Accepting #19 Report and Recommendation, Granting #7 Motion to Dismiss in Part, Denying #12 Motion to Amend, and Granting Leave to File a Second Amended Complaint. Amended Complaint deadline: 5/28/2021. Signed by Judge Andrew P. Gordon on 4/27/2021. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 PARNELL COLVIN,
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Plaintiff

5 v.
6 M.J. DEAN CONSTRUCTION, INC.,
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Case No.: 2:20-cv-01765-APG-EJY
Order Accepting Report and
Recommendation, Granting Motion to
Dismiss in Part, Denying Motion to
Amend, and Granting Leave to File a
Second Amended Complaint

Defendant

[ECF Nos. 7, 12, 19]

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On April 7, 2021, Magistrate Judge Youchah recommended that I grant in part defendant

11 M.J. Dean Construction, Inc.’s motion to dismiss, deny plaintiff Parnell Colvin’s motion to
12 amend, and grant leave for Colvin to file a proposed second amended complaint. ECF No. 19.
13 No party objected. Thus, I am not obligated to conduct a de novo review of the report and
14 recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo
15 determination of those portions of the report or specified proposed findings to which objection is
16 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the
17 district judge must review the magistrate judge’s findings and recommendations de novo if
18 objection is made, but not otherwise” (emphasis in original)).
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I THEREFORE ORDER that Magistrate Judge Youchah’s report and recommendation

20 (ECF No. 19) is accepted, defendant M.J. Dean Construction, Inc.’s motion to dismiss (ECF
21 No. 7) is GRANTED in part, and plaintiff Parnell Colvin’s motion to amend (ECF No. 12) is
22 DENIED.
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I FURTHER ORDER that by May 28, 2021, Parnell Colvin may file a second amended

2 complaint consistent with Magistrate Judge Youchah’s report and recommendation.
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DATED this 27th day of April, 2021.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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