Dornellas v. Massachusetts Mutual Life Insurance Company
Dornellas v. Massachusetts Mutual Life Insurance Company
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 BRIAN DORNELLAS, as trustee of the Shelly ) 4 Collins Revocable Living Trust, ) ) Case No.: 2:20-cv-00141-GMN-BNW 5 Plaintiff, ) 6 vs. ) ORDER ) 7 MASSACHUSETTS MUTUAL LIFE ) INSURANCE COMPANY, et al., ) 8 ) Defendants. ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”) of United States 11 Magistrate Judge Brenda Weksler, (ECF No. 59), which recommends that the Joint Motion for 12 Interpleader Deposit of Disputed Ownership Funds, (ECF No. 50), be granted to the extent it 13 seeks default judgment against George Schmidt as Trustee of the Shelly Collins Testamentary 14 Trust. 15 A party may file specific written objections to the findings and recommendations of a 16 United States Magistrate Judge made pursuant to Local Rule IB 1-4.
28 U.S.C. § 636(b)(1)(B); 17 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 18 determination of those portions to which objections are made.
Id.The Court may accept, reject, 19 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 20
28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 21 not required to conduct “any review at all . . . of any issue that is not the subject of an 22 objection.” Thomas v. Arn,
474 U.S. 140, 149(1985). Indeed, the Ninth Circuit has recognized 23 that a district court is not required to review a magistrate judge’s report and recommendation 24 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,
328 F.3d 1114, 25 1122 (9th Cir. 2003). 1 Here, no objections were filed, and the deadline to do so, July 26, 2021, has passed. (See 2 Min. Order, ECF No. 59). 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 59), is 5 ACCEPTED AND ADOPTED in full. 6 IT IS FURTHER ORDERED that the Joint Motion for Interpleader Deposit of 7 Disputed Ownership Funds, (ECF No. 50), is GRANTED. 8 The Clerk of Court shall close the case. 9 DATED this __1_6__ day of September, 2021. 10 11 12 ___________________________________ Gloria M. Navarro, District Judge 13 United States District Court 14 15 16 17 18 19 20 21 22 23 24 25
Reference
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