Joshua David Mellberg LLC v. Will

Opinion

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

9 Joshua David Mellberg LLC, et al., No. CV-14-02025-TUC-CKJ (LCK)

10 Plaintiffs, ORDER

11 v.

12 Jovan Will, et al.,

13 Defendants. 14 15 On June 21, 2019, Magistrate Judge Lynnette C. Kimmins issued a Report and 16 Recommendation (Doc. 480) in which she recommended the Court enter an Order granting 17 Plaintiffs’ Motion to Strike Answer of Defendant Arceo and Enter Default (Doc. 449). The 18 Report and Recommendation advised the parties that Federal Rule of Civil Procedure 37 19 provides for five factors for the Court to consider before sanctioning a party for failing to 20 comply with a discovery order. Judge Kimmins determined that four of the five factors 21 favored striking Defendant Arceo’s Answer and entering his default. 22 The Report and Recommendation also advised the parties that, pursuant to Federal 23 Rule of Civil Procedure 72(b)(2), any party may serve and file written objections within 24 fourteen (14) days of being served with a copy of the Report and Recommendation. No 25 objections have been filed within the time provided by Fed. R. Civ. P. 72(b)(2).1

26 1 The standard of review that is applied to a magistrate judge’s report and recommendation is dependent upon whether a party files an objection – the Court need not review portions 27 of a report to which a party does not object. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the Court must “determine de novo any part of the magistrate judge’s disposition 28 that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate 1 After an independent review, the Courts finds it appropriate to adopt the Report and 2 || Recommendation and grant Plaintiffs’ Motion (Doc. 449). 3 Accordingly, IT IS ORDERED: 4 1. The Report and Recommendation (Doc. 480) is adopted. 5 2. Plaintiffs’ Motion to Strike Answer of Defendant Arceo and Enter Default 6 (Doc. 449) is granted. 7 3. The Clerk of the Court shall strike Defendant John Steve Arceo’s Answer 8 (Doc. 81) and enter his default. 9 Dated this 15th day of July, 2019. 0 Livy Le Degen 11 Honorable CindK. Jéfgenson United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 judge with instructions.” Fed. R. Civ. P. 72(b)(3); see also 28 U.S.C. ; 636(b)(1). 28|| Objections are filed: it docs not proclude further review by the district judge, sua sponte □ at the request of a party, under a de novo or any other standard.” Thomas, 474 US at 154.

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