One Call Construction Services LLC v. Sunroad Lazo Apartments LLC ( 2022 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 One Call Construction Services LLC, No. CV-22-01133-PHX-DMF 10 Plaintiff, ORDER 11 v. 12 Sunroad Lazo Apartments LLC, et al., 13 Defendants. 14 15 This matter was assigned to Magistrate Judge Deborah M. Fine for a Report and 16 Recommendation. (Doc. 3). On July 28, 2022, the Magistrate Judge filed a Report and 17 Recommendation with this Court.1 (Doc. 13). To date, no objections have been filed. 18 19 1 This case is assigned to a Magistrate Judge. However, not all parties have 20 consented to the jurisdiction of the Magistrate Judge. Thus, the matter is before this Court pursuant to General Order 21-25, which states in relevant part: 21 When a United States Magistrate Judge to whom a civil action has been 22 assigned pursuant to Local Rule 3.7(a)(1) considers dismissal to be appropriate but lacks the jurisdiction to do so under 28 U.S.C. § 636(c)(1) 23 due to incomplete status of election by the parties to consent or not consent to the full authority of the Magistrate Judge, 24 IT IS ORDERED that the Magistrate Judge will prepare a Report and 25 Recommendation for the Chief United States District Judge or designee. 26 IT IS FURTHER ORDERED designating the following District Court Judges to review and, if deemed suitable, to sign the order of dismissal on 27 my behalf: 28 Phoenix/Prescott: Senior United States District Judge Stephen M. McNamee 1 STANDARD OF REVIEW 2 The Court “may accept, reject, or modify, in whole or in part, the findings or || recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see □□□□□□ □□□ Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the || service of a copy of the Magistrate’s recommendation within which to file specific || written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to 7\| object to a Magistrate Judge’s recommendation relieves the Court of conducting de novo 8 || review of the Magistrate Judge’s factual findings and waives all objections to those 9|| findings on appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to || object to a Magistrate Judge’s conclusion “is a factor to be weighed in considering the 11 || propriety of finding waiver of an issue on appeal.” Id. 12 DISCUSSION 13 Having reviewed the Report and Recommendation of the Magistrate Judge, and no Objections having been made by any party thereto, the Court hereby incorporates and || adopts the Magistrate Judgells Report and Recommendation. 16 CONCLUSION 17 Accordingly, for the reasons set forth, 18 IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge. (Doc. 13). 20 IT IS ORDERED granting the parties’ Stipulation of Dismissal of Entire Action || With Prejudice. (Doc. 12). 22 IT IS FURTHER ORDERED dismissing this action with prejudice with each 23 || party to bear its own attorneys’ fees and costs. 24 IT IS FURTHER ORDERED directing the Clerk of the Court to terminate this 25 || case. 26 Dated this 24th day of August, 2022. Hdhorable Stephen M. McNamee 28 Senior United States District Judge _2-