Klahn v. Meyerson ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Daniel P. Klahn,Sr., Case No. 2:16-cv-0720-JAD-CWH 4 Plaintiff v. Order Adopting Report and 5 Recommendation Richard Meyerson, 6 Defendant [ECF No.8] 7 8 9 Pro se plaintiff Daniel Klahn brings this lawsuit seeking redress against his former 10 employer Richard Meyerson. The magistrate judge granted Klahn’s application for pauper status 11 and screened his complaint.1 He recommends that I allow Klahn’s fraud claim regarding the 12 401k account to proceed but dismiss all other claims with prejudice because they are barredby 13 the applicable statutes of limitation.2 The deadline for any objectionto that recommendation 14 passed without objectionor any request to extend the deadline to file one. “[N]o review is 15 required of a magistrate judge’s report and recommendation unless objections are filed.”3 16 IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation 17 [ECF No. 8]is ADOPTEDin full; 18 IT IS FURTHER ORDERED THATthis case proceeds on Klahn’s fraud claim 19 against Meyerson regarding the 401k account only, and all other claims are dismissed with 20 prejudice as time-barred. 21 22 1 ECF No. 8. 2 Id. at 4. 23 3 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 1 IT IS FURTHER ORDERED that the Clerk of Court is directed to: 2 e ISSUE a SUMMONS for Defendant Richard Meyerson and deliver that 3 summons—along with a copy of the complaint and this order—to the U.S. 4 Marshal for service on the defendant; and 5 e SEND to plaintiff a USM-285 form. 6 IT IS FURTHER ORDERED that the plaintiff: 7 e Must furnish to the U.S. Marshal by September 9, 2019, a completed USM-285 8 form for the defendant with all relevant information provided so that the U.S. 9 Marshal may accomplish service on the defendant; 10 e Will have 20 days after receiving from the U.S. Marshal a copy of the USM-285 forms showing whether service has been accomplished to file a notice with the 12 court identifying whether the defendant was served. If the plaintiff wishes to 13 have service again attempted on an unserved defendant, he must file a motion 14 with the court specifying a more detailed name and/or address or whether some 15 other manner of service should be attempted. Rule 4(m) of the Federal Rules of 16 Civil Procedure requires service to be accomplished within 90 days; 17 e Must serve upon defendant or, if appearance has been entered by counsel, upon 18 the attorney for defendant, a copy of every pleading, motion or other document 19 submitted for consideration by the court. Plaintiff must include with the original 20 paper submitted for filing a certificate stating the date that a true and correct copy 21 of the document was mailed to the defendant or defense counsel. The court may 22 disregard any paper received by a district judge or magistrate judge which has 23 1 not been filed with the clerk, and any paper received by a district judge, 2 magistrate judge or the clerk that fails to include a certificate of service. 3 Dated: August 9, 2019 USS. District JudgeJennife (s )pomey 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23