Anifer v. Clement Trucking LLC

Opinion

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Penni Anifer, et al., No. CV-23-00518-TUC-SHR (MSA)

10 Plaintiffs, ORDER

11 v.

12 Clement Trucking LLC, et al.,

13 Defendants.

14 15 Pending before the Court is a Report and Recommendation issued by United States 16 Magistrate Judge Maria S. Aguilera (Doc. 23) recommending this Court grant Plaintiffs’ 17 Motion for Attorneys’ Fees (Doc. 21). To date, no objections have been filed. 18 The Court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see Baxter v. 20 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service 21 of a copy of the Magistrate Judge’s recommendation within which to file specific written 22 objections to the Court. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a Magistrate 23 Judge’s recommendation relieves the Court of conducting de novo review of the 24 Magistrate’s factual findings and waives all objections to those findings on appeal. See 25 Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate 26 Judge’s conclusion “is a factor to be weighed in considering the propriety of finding waiver 27 of an issue on appeal.” Id. (quoting Martinez v. Ylst, 951 F.2d 1153, 1156 (9th Cir. 1991)). 28 Having reviewed Magistrate Judge Aguilera’s Report and Recommendation, and no objections having been made by any party thereto, the Court hereby incorporates and 2|| adopts the Magistrate Judge’s Report and Recommendation. Accordingly, 3 IT IS ORDERED: 4 (1) Magistrate Judge Aguilera's Report and Recommendation (Doc. 23) is 5 ACCEPTED; 6 (2) Plaintiffs' Motion for Attorneys’ Fees (Doc. 21) is GRANTED; 7 (3) Plaintiffs are awarded $5,135 in attorney fees and $1,008 in costs; 8 (4) Plaintiffs are awarded post-judgment interest on the award of attorney fees and 9 costs at the applicable statutory rate; 10 (5) Plaintiffs may move for additional attorneys’ fees and costs incurred in collecting 11 the default judgment; and 12 (6) the Clerk of Court shall enter judgment in accordance with this Order. 13 Dated this 22nd day of November, 2024. 14 15

7 J vinited States District Judge 18 19 20 21 22 23 24 25 26 27 28

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