Phillips v. Nutranext, LLC
Phillips v. Nutranext, LLC
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 T. MATTHEW PHILLIPS, ) 4 ) Plaintiff, ) Case No.: 2:20-cv-00348-GMN-NJK 5 vs. ) 6 ) ORDER NUTRANEXT, LLC, et al., ) 7 ) Defendants. ) 8 9 Pending before the Court is the Report and Recommendation of United States 10 Magistrate Judge Nancy J. Koppe, (ECF No. 14), which recommends that this case be 11 remanded for failure to show by a preponderance of the evidence that the amount in 12 controversy exceeds $75,000, as required by
28 U.S.C. § 1332. 13 A party may file specific written objections to the findings and recommendations of a 14 United States Magistrate Judge made pursuant to Local Rule IB 1-4.
28 U.S.C. § 636(b)(1)(B); 15 D. Nev. Local R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 16 determination of those portions to which objections are made.
28 U.S.C. § 636(b)(1); D. Nev. 17 IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the findings or 18 recommendations made by the Magistrate Judge.
28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). 19 Where a party fails to object, however, the Court is not required to conduct “any review at 20 all . . . of any issue that is not the subject of an objection.” Thomas v. Arn,
474 U.S. 140, 149 21 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a 22 magistrate judge’s report and recommendation where no objections have been filed. See, e.g., 23 United States v. Reyna–Tapia,
328 F.3d 1114, 1122(9th Cir. 2003). 24 Here, no objections were filed, and the deadline to do so has passed. 25 /// 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 14), is 3 ACCEPTED and ADOPTED in full. 4 IT IS FURTHER ORDERED that this action be REMANDED to Clark County 5 District Court. The Clerk of the Court shall remand this action and thereafter close this Court’s 6 case. 7 DATED this ___5___ day of May, 2020. 8 9 ___________________________________ Gloria M. Navarro, District Judge 10 United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Reference
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