Avitia De La Vega v. Ayman Enterprises, Inc.

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 EDGAR AVITIA DE LA VEGA, Case No. 2:23-cv-00865-RFB-MDC

8 Plaintiff, ORDER

9 v.

10 AYMAN ENTERPRISES, INC., et al., 11 Defendants. 12

13 14 Before the Court for consideration is the Report and Recommendation (ECF No. 51) of 15 the Honorable Maximiliano D. Couvillier, III, United States Magistrate Judge, entered on June 16 20, 2025. For the following reasons, the Court adopts the Report and Recommendation in full. 17 A district court “may accept, reject, or modify, in whole or in part, the findings or 18 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific 19 written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 20 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed the district court is 21 required to “make a de novo determination of those portions of the report or specified proposed 22 findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local 23 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 24 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 25 Thomas v. Arn, 474 U.S. 140, 149 (1985). Here, objections were due by July 7, 2025. No 26 objections have been filed. The Court has reviewed the record in this case and concurs with the 27 Magistrate Judge’s recommendation. 28 /// ] IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 51) is ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that the (ECF No. 38) Motion for Sanctions is 4| GRANTED in part and DENIED in part as described in the Report and Recommendation. 5 IT IS FURTHER ORDERED that Defendant Clarence Eugene Mitchell II’s answer, 6 | witness statements, and unverified discovery responses are STRICKEN. Defendant Mitchell is 7 | further PRECLUDED from being called as a witness at trial. Defendant Ayman Enterprises, 8 | Inc.’s answer will not be stricken. 9 10 DATED: July 16, 2025. 1] 12 ¢ 3 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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