Valdez v. Salt Lake City Police Department et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS- re 28 Report and Recommendations. granting 26 Motion for Sanctions. The court ADOPTS IN FULL Judge Wells's Report and Recommendation. Accordingly, the court GRANTS the Defendants' motion and dismissed Ms. Valdez's claims. Signed by Judge Robert J. Shelby on 4/14/2015. (las)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

ILENE ROSALIA VALDEZ,
ORDER ADOPTING
REPORT AND RECOMMENDATION
Plaintiff,
v.

Case No. 2:13-cv-1135-RJS

SALT LAKE CITY POLICE DEPARTMENT,
BRANDON HOPKINS, and KRISTOPHER
JEPPSEN,
Defendants.

Judge Robert J. Shelby

Pursuant to 28 U.S.C. § 636(b)(1)(B), this case was referred to Magistrate Judge Brooke
C. Wells. On March 26, 2015, Judge Wells issued a Report and Recommendation on
Defendants’ motion to dismiss Ms. Valdez’s case with prejudice pursuant to Federal Rules of
Civil Procedure 37. (Dkt. 28.) Judge Wells recommended that the court grant the motion based
on Ms. Valdez’s failure to respond to Defendants’ discovery requests and motions and failure to
appear in court. Neither party submitted objections to Judge Wells’ report within the allotted
timeframe. In the absence of an objection, the court may apply a “clearly erroneous” standard.
Under this standard, the court “will affirm the Magistrate Judge’s ruling unless [the court] . . . is
left with the definite and firm conviction that a mistake has been committed.” Thompson v.
Astrue, 2010 WL 1944779, at *1 (D. Utah May 11, 2010) (internal quotation marks and citations
omitted). After reviewing the briefing, record, and relevant legal authorities, the court concludes
that Judge Wells did not err. The court ADOPTS IN FULL Judge Wells’s Report and

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Recommendation. (Dkt. 28.) Accordingly, the court GRANTS the Defendants’ motion and
dismissed Ms. Valdez’s claims. (Dkt. 26.) The court directs the Clerk of Court to close the case.
SO ORDERED this 14th day of April, 2015.

BY THE COURT:

__________________________
ROBERT J. SHELBY
United States District Judge

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