Snow Covered Capital, LLC v. Weidner

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA Snow Covered Capital, LLC, Case No. 2:19-cv-00595-JAD-NJK 4 Plaintiff Order Adopting Report and v. Recommendation Re:Motion to Strike 5 Andrew Fonfa’s Answer William Weidner, et al., 6 [ECF Nos.51,114] Defendants 8 On November 22, 2019, Magistrate Judge Nancy J. Koppe issued a report and recommendation resolving plaintiff’s motion to strike the answer of defendant Andrew Fonfa.1 Havingthoroughly evaluated the parties’ briefing, Judge Koppe recommends that I grant the motion as to paragraphs 40 and50 and affirmative defenses 3–5, 7–10,and 12–29, deny it as to affirmative defenses 1, 2, 6, and11, and grant defendants leave toamend.2 The deadline for objections to that recommendation passed without objectionor any request to extend the deadline to file one. “[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.”3 16 IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation [ECF No. 114]is ADOPTEDin full; ECF No. 114(report & recommendation); ECF No. 51(motion to strike); ECF No. 22 (Weidner& Jacoby’s answer).

2 ECF No. 114at 8.

3 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

1 IT IS FURTHER ORDERED THAT plaintiffs motion to strike Fonfa’s answer [ECF 2|| No. 51] is GRANTED IN PART AND DENIED IN PART: it is granted as to paragraphs 40 and affirmative defenses 2, 3, 5—7, and 9-19, which are deemed struck, and it is 4! denied as to affirmative defenses 1, 4, and 8; 5 IT IS FURTHER ORDERED THAT defendant Fonfa has 10 days to amend his 6|| answer to cure the defects in paragraphs 40 and 50, and in affirmative defenses 2, 3, 5-7, 9-17.

8 Dated: December 10, 2019 U.S. District Jud fennife 4) Dorsey