Timilsina et al v. West Valley City

Filing 39

MEMORANDUM DECISION AND ORDER ADOPTING 38 REPORT AND RECOMMENDATIONS re dismissing 19 Motion for Summary Judgment and granting 21 Motion for Summary Judgment. Signed by Judge David Nuffer on 8/3/15 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
ROBERT BIPLOVE TIMILSINA and BIG
DADDY’S PIZZA RESTAURANT, LLC, a
Utah limited liability company,

MEMORANDUM DECISION AND
ORDER ADOPTING REPORT
AND RECOMMENDATION

Plaintiffs,
v.

Case No. 2:14-cv-00046-DN-EJF

WEST VALLEY CITY, a municipal
corporation, and DOES 1-10,

District Judge David Nuffer
Magistrate Judge Evelyn J. Furse

Defendants.
The Report and Recommendation 1 issued by United States Magistrate Judge Furse on
July 1, 2015 recommends that West Valley City’s Cross-Motion for Summary Judgment 2 be
GRANTED and Mr. Timilsina’s Motion for Summary Judgment 3 be DENIED.
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of service pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72. 4
As of the date of this Order, no objection has been filed to the Report and Recommendation.
De novo review of all materials, including the record that was before the magistrate judge
and the reasoning set forth in the Report and Recommendation, has been completed. The
analysis and conclusion of the magistrate judge are correct and the Report and Recommendation
will be adopted.

1

Report and Recommendation (“R&R”), docket no. 38, entered July 1, 2015.

2

West Valley City’s Cross-Motion for Summary Judgment, docket no. 21, filed August 8, 2014.

3

Plaintiffs’ Motion for Summary Judgment and Memorandum in Support of Thereof, docket no. 19, filed June 30,
2014.
4

See R&R at 24-25.

Because there was no objection to granting West Valley City’s Cross-Motion for
Summary Judgment, the relief requested by West Valley City—an order “dismissing Plaintiffs’
Complaint as a matter of law” 5—is awarded.
IT IS HEREBY ORDERED that the Report and Recommendation 6 is ADOPTED. West
Valley City’s Cross-Motion for Summary Judgment 7 is GRANTED and Mr. Timilsina’s Motion
for Summary Judgment 8 is DENIED. The above-captioned matter is DISMISSED with
prejudice.
The Clerk is directed to close the case.

Dated August 3, 2015.
BY THE COURT:
____________________________
David Nuffer
United States District Judge

5

West Valley City’s Cross-Motion for Summary Judgment at 1, docket no. 21, filed August 8, 2014.

6

Report and Recommendation (“R&R”), docket no. 38, entered July 1, 2015.

7

West Valley City’s Cross-Motion for Summary Judgment, docket no. 21, filed August 8, 2014.

8

Plaintiffs’ Motion for Summary Judgment and Memorandum in Support of Thereof, docket no. 19, filed June 30,
2014.

2