Employee Painters' Trust v. Clifton

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA EMPLOYEE PAINTERS’ TRUST, ) 4 ) Plaintiff, ) Case No.: 2:19-cv-00912-GMN-EJY vs. ) 6 ) ORDER BRANDON S. CLIFTON; KIMBERLY A. ) COMINSKY, ) ) Defendants. ) ) ) 11 Pending before the Court is the Report and Recommendation (“R&R”) of United States Magistrate Judge Elayna Youchah, (ECF No. 14), which recommends that Plaintiff Employee Painters’ Trust’s (“Plaintiff’s) Motion for Default Judgment, (ECF No. 11), be granted. The R&R recommends that the Court enter default judgment against Defendants, jointly and severally, in the sum of $45,071.63. (R&R 9:2–4, ECF No. 14).

16 A party may file specific written objections to the findings and recommendations of a United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo determination of those portions to which objections are made. Id. The Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

21 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate judge’s report and recommendation where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003).

2 Here, no objections were filed, and the deadline to do so, January 30, 2020, has passed.

3 (Min. Order, ECF No. 14).

4 Accordingly, 5 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 14), is ACCEPTED AND ADOPTED in full.

7 IT IS FURTHER ORDERED that Plaintiff’s Motion for Default Judgment, (ECF No. 11), is GRANTED.

9 IT IS FURTHER ORDERED that the Court GRANTS Plaintiff a monetary award against Defendants, jointly and severally, of $37,828.12 in health benefits paid to Cominsky to which she was not entitled, a prejudgment interest of $1,094.36, and $6,149.15 in attorney fees and costs, totaling $45,071.63.

13 The Clerk of Court shall close the case and enter judgment accordingly.

14 DATED this _3_1___ day of January, 2020.

16 ___________________________________ Gloria M. Navarro, District Judge 17 United States District Court