Employee Painters' Trust v. Clifton

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 EMPLOYEE PAINTERS’ TRUST, ) 4 ) Plaintiff, ) Case No.: 2:19-cv-00912-GMN-EJY 5 vs. ) 6 ) ORDER BRANDON S. CLIFTON; KIMBERLY A. ) 7 COMINSKY, ) ) 8 Defendants. ) ) 9 ) 10 11 Pending before the Court is the Report and Recommendation (“R&R”) of United States 12 Magistrate Judge Elayna Youchah, (ECF No. 14), which recommends that Plaintiff Employee 13 Painters’ Trust’s (“Plaintiff’s) Motion for Default Judgment, (ECF No. 11), be granted. The 14 R&R recommends that the Court enter default judgment against Defendants, jointly and 15 severally, in the sum of $45,071.63. (R&R 9:2–4, ECF No. 14). 16 A party may file specific written objections to the findings and recommendations of a 17 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 18 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 19 determination of those portions to which objections are made. Id. The Court may accept, reject, 20 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 21 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 22 not required to conduct “any review at all . . . of any issue that is not the subject of an 23 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 24 that a district court is not required to review a magistrate judge’s report and recommendation 25 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1 1122 (9th Cir. 2003). 2 Here, no objections were filed, and the deadline to do so, January 30, 2020, has passed. 3 (Min. Order, ECF No. 14). 4 Accordingly, 5 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 14), is 6 ACCEPTED AND ADOPTED in full. 7 IT IS FURTHER ORDERED that Plaintiff’s Motion for Default Judgment, (ECF No. 8 11), is GRANTED. 9 IT IS FURTHER ORDERED that the Court GRANTS Plaintiff a monetary award 10 against Defendants, jointly and severally, of $37,828.12 in health benefits paid to Cominsky to 11 which she was not entitled, a prejudgment interest of $1,094.36, and $6,149.15 in attorney fees 12 and costs, totaling $45,071.63. 13 The Clerk of Court shall close the case and enter judgment accordingly. 14 DATED this _3_1___ day of January, 2020. 15 16 ___________________________________ Gloria M. Navarro, District Judge 17 United States District Court 18 19 20 21 22 23 24 25