Navarro v. Gaslamp Tavern LLC

United States District Court for the Southern District of California

Navarro v. Gaslamp Tavern LLC

Trial Court Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 ANTHONY NAVARRO, Case No.: 18-cv-1725-WQH-WVG

11 Plaintiff, ORDER 12 v. 13 GASLAMP TAVERN LLC d/b/a GASLAMP TAVERN, BAHYAG 14 INC., and DOES 1-10, inclusive, 15 Defendants. 16 HAYES, Judge: 17 The matter before the Court is the review of the Report and Recommendation issued 18 by United States Magistrate Judge William V. Gallo (ECF No. 36), pursuant to Plaintiff 19 and Defendant Gaslamp Tavern LLC d/b/a Gaslamp Tavern’s Joint Motion of Dismissal 20 Pursuant to Federal Rule of Civil Procedure 41(a)(1) (EFC No. 27), recommending that 21 the Parties’ request that the above-captioned action be dismissed with prejudice as to all 22 parties be granted. 23 The duties of the district court in connection with a report and recommendation of a 24 magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and

28 U.S.C. § 25

636(b). The district judge must “make a de novo determination of those portions of the 26 report . . . to which objection is made,” and “may accept, reject, or modify, in whole or in 27 part, the findings or recommendations made by the magistrate.”

28 U.S.C. § 636

(b). The 28 1 || district court need not review de novo those portions of a Report and Recommendation to 2 which neither party objects. See Wang v. Masaitis,

416 F.3d 992

, 1000 n.13 (9th Cir. 3 ||2005); United States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003) (en banc) 4 ||(“Neither the Constitution nor the [Federal Magistrates Act] requires a district judge to 5 ||review, de novo, findings and recommendations that the parties themselves accept as 6 || correct.”’). 7 No party has filed an objection to the Report and Recommendation. The Court has 8 ||reviewed the Report and Recommendation, the record, and the submissions of the Parties. 9 IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 36) is 10 || adopted in its entirety. The Joint Motion of Dismissal (ECF No. 27) is GRANTED. This 11 action is DISMISSED with prejudice as to all parties, including Does 1 through 10. Each 12 || Party shall bear its own attorneys’ fees and costs. 13 || Dated: September 4, 2019 Nitta Ze. A a 14 Hon, William Q. Hayes 15 United States District Court 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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