Cerny v. Canaima LLC

District Court, D. Nevada

Cerny v. Canaima LLC

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 AMANDA CERNY, et al., ) 4 ) Plaintiffs, ) Case No.: 2:21-cv-01243-GMN-BNW 5 vs. ) 6 ) ORDER CANAIMA, LLC d/b/a LA RUMBA ) 7 NIGHTCLUB, ) ) 8 Defendant. ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 17), 11 of United States Magistrate Judge Brenda Weksler, which recommends granting the Motion for 12 Default Judgment, (ECF No. 8), filed by Plaintiffs Amanda Cerny, et al. (“Plaintiffs”). 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. 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.

Id.

The Court may accept, reject, 17 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 18

28 U.S.C. § 636

(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 19 is not required to conduct “any review at all . . . of any issue that is not the subject of an 20 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985) (citing

28 U.S.C. § 636

(b)(1)). Indeed, 21 the Ninth Circuit has recognized that a district court is not required to review a magistrate 22 judge’s R&R where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328

23 F.3d 1114, 1122

(9th Cir. 2003). 24 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, 25 ECF No. 17) (setting an August 25, 2022, deadline for objections). The Court, thus, accepts 1 || and adopts in full the R&R and grants Plaintiffs’ Motion for Default Judgment. 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 17), is 4 || ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that Plaintiffs’ Motion for Default Judgment, (ECF No. 6 ||8), is GRANTED. 7 IT IS FURTHER ORDERED that the Clerk is instructed to close the case. 8 Dated this _26 day of August, 2022. 9 10 Gloria avarro, District Judge I United es District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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