HCB Enterprises, LLC v. Dickey's Barbecue Restaurants, Inc.

District Court, D. Nevada

HCB Enterprises, LLC v. Dickey's Barbecue Restaurants, Inc.

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 HCB ENTERPRISES, LLC, Case No. 2:20-CV-407 JCM (VCF) 8 Plaintiff(s), ORDER 9 v. 10 DICKEY’S BARBECUE RESTAURANTS INC., 11 Defendant(s). 12 13 Presently before the court is Magistrate Judge Cam Ferenbach’s report and 14 recommendation (“R&R”). (ECF No. 31). He recommends that default be entered against plaintiff 15 HCB Enterprises, LLC for failure to comply with a court order and to retain counsel. Specifically, 16 plaintiff failed to appear for the April 12, 2023, hearing and failed to meet the May 12, 2023, 17 deadline to retain counsel. 18 No objections were filed to the R&R. Thus, the court is not obligated to conduct a de novo 19 review of the R&R.

28 U.S.C. § 636

(b)(1) (requiring courts to “make a de novo determination of 20 those portions of the report or specified proposed findings to which objection is made”); United 21 States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003) (en banc) (“[T]he district judge must 22 review the magistrate judge’s findings and recommendations de novo if objection is made, but not 23 otherwise.”). 24 Accordingly, 25 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judge Ferenbach’s R&R 26 (ECF No. 31) be, and the same hereby is, ADOPTED, in full. 27 28 1 IT IS FURTHER ORDERED that the defendant’s ex parte motion for an order of 2 dismissal (ECF No. 30) is DENIED as moot. 3 IT IS FURTHER ORDERED that this case be DISMISSED. 4 The clerk is instructed to enter judgment accordingly and close the case. 5 DATED September 18, 2023. 6 __________________________________________ UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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