Hezekiah Esau Baker v. Penny Opco, LLC

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 HEZEKIAH ESAU BAKER, 4 Plaintiff, Case No.: 2:24-cv-02084-GMN-EJY 5 vs. 6 ORDER ADOPTING REPORT AND PENNY OPCO, LLC, RECOMMENDATION 7 Defendant. 8

9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 35), 10 from United States Magistrate Judge Elayna J. Youchah, which recommends granting 11 Defendant’s Rule 12(b)(6) Motion to Dismiss Plaintiff’s claim for punitive damages. 12 A party may file specific written objections to the findings and recommendations of a 13 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 14 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 15 determination of those portions to which objections are made if the Magistrate Judge’s findings 16 and recommendations concern matters that may not be finally determined by a magistrate 17 judge. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the 18 findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. 19 IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any 20 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 21 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a 22 district court is not required to review a magistrate judge’s R&R where no objections have been 23 filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003). 24 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF 25 No. 35) (setting a November 21, 2025, deadline for objections). 1 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 35), is 4 |} ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss, (ECF No. 21), is 6 ||GRANTED. Plaintiff's claim of general negligence proceeds and damages thereunder may be 7 ||sought, but such damages cannot include an award of punitive damages. 8 Dated this 3 day of December, 2025. Yj, 10 UY Iv Grow . Navarro, District Judge 1 United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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