Hix v. Sam's West Inc.
Hix v. Sam's West Inc.
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 Sheila Hix, ) 4 ) Plaintiff, ) Case No.: 2:20-cv-02266-GMN-EJY 5 vs. ) 6 ) ORDER Sam’s West, Inc., et al., ) 7 ) Defendants. ) 8 ) 9 Pending before the Court is the Report and Recommendation, (ECF No. 20), of United 10 States Magistrate Judge Elayna J. Youchah, which recommends that Defendant Sam’s West, 11 Inc.’s Motions to Set Aside Judgment, (ECF No. 14), Enforce Settlement, (ECF No. 15), and 12 Place Settlement Under Seal, (ECF No. 16), be granted. It further recommends that the 13 Judgment, (ECF No. 13), be stricken from the record. 14 A party may file specific written objections to the findings and recommendations of a 15 United States Magistrate Judge made pursuant to Local Rule IB 1-4.
28 U.S.C. § 636(b)(1)(B); 16 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 17 determination of those portions to which objections are made.
Id.The Court may accept, reject, 18 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 19
28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 20 is not required to conduct “any review at all . . . of any issue that is not the subject of an 21 objection.” Thomas v. Arn,
474 U.S. 140, 149(1985) (citing
28 U.S.C. § 636(b)(1)). Indeed, 22 the Ninth Circuit has recognized that a district court is not required to review a magistrate 23 judge’s report and recommendation where no objections have been filed. See, e.g., United 24 States v. Reyna–Tapia,
328 F.3d 1114, 1122(9th Cir. 2003). 25 1 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, 2 ECF No. 20) (setting a May 12, 2022, deadline for objections). 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 20), is 5 ADOPTED in full. 6 IT IS FURTHER ORDERED that Defendant Sam’s West, Inc.’s Motion to Set Aside 7 Judgment, (ECF No. 14), is GRANTED. 8 IT IS FURTHER ORDERED that Defendant Sam’s West, Inc.’s Motion to Enforce 9 Settlement, (ECF No. 15), is GRANTED. 10 IT IS FURTHER ORDERED that Defendant Sam’s West, Inc.’s Motion to Place 11 Settlement Under Seal, (ECF No. 16), is GRANTED. 12 IT IS FURTHER ORDERED that the Judgment entered at ECF No. 13 shall be struck 13 from the record. 14 Dated this _1_8__ day of May, 2022. 15 16 ___________________________________ Gloria M. Navarro, District Judge 17 United States District Court 18 19 20 21 22 23 24 25
Reference
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