Sunrise Hospital and Medical Center, LLC v. Local 1107 of the Service Employees International Union

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 SUNRISE HOSTPIAL AND MEDICAL 4 CENTER, LLC, Case No.: 2:24-cv-01247-GMN-MDC 5 Plaintiff, 6 vs. ORDER ADOPTING REPORT AND RECOMMENDATION 7 LOCAL 1107 OF THE SERVICE EMPLOYEES INTERNATIONAL UNION, 8

Defendant. 9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 50), 10 of United States Magistrate Judge Maximiliano D. Couvillier III, which recommends granting 11 Plaintiff’s Motion to Dismiss and dismissing Plaintiff’s claims with prejudice. 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, the parties agreed to dismissal with prejudice. (R&R 2:15–16, ECF No. 50). As a 25 part of that agreement, the parties also agreed to waive their rights under Local Rules IB 3-1 1 || and IB 3-2 to object to Magistrate Judge Couvillier’s R&R. Ud. 1:11-13). Thus, this R&R is 2 || unobjected to. 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 50), is 5 || ACCEPTED and ADOPTED in full. 6 IT IS FURTHER ORDERED that this case is DISMISSED with prejudice. 7 Dated this 16 day of May, 2025. i, Mh Gloria M. Mayarro, District Judge 10 United “NG District Court 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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