Snow Covered Capital, LLC v. Weidner ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Snow Covered Capital, LLC, Case No. 2:19-cv-00595-JAD-NJK 4 Plaintiff v. Order Adopting Report and 5 Recommendation Re: Motion to Strike William Weidner, et al., Weidner & Jacoby’s Answer 6 Defendants [ECF Nos.53, 116] 7 8 9 On December 3, 2019, Magistrate Judge Nancy J. Koppe issued a report and 10 recommendation resolving plaintiff’s motion to strike the answer of defendants William Weidner 11 and David Jacoby.1 Having thoroughly evaluated the parties’ briefing, Judge Koppe 12 recommends that I grant the motion as to paragraphs 40 and50 and affirmative defenses 3–5, 13 7–10,and 12–29, deny it as toaffirmative defenses 1, 2, 6, and11, and grant defendants leave to 14 amend.2 The deadline for objections to that recommendation passed without objectionor any 15 request to extend the deadline to file one. “[N]o review is required of a magistrate judge’s report 16 and recommendation unless objections are filed.”3 17 IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation 18 [ECF No. 116] is ADOPTEDin full; 19 20 21 1 ECF No. 116 (report & recommendation); ECF No. 53 (motion to strike); ECF No. 21 22 (Weidner & Jacoby’s answer). 2 ECF No. 116 at 8. 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 plaintiff’s motion to strike Weidner and Jacoby’s 2|| answer [ECF No. 53] is GRANTED IN PART AND DENIED IN PART: it is granted as to paragraphs 40 and 50 and affirmative defenses 3-5, 7-10, and 12—29, which are deemed struck, and it is denied as to affirmative defenses 1, 2, 6, and 11; defendants Weidner and 5|| Jacoby have 10 days to amend their answer to cure the defects in paragraphs 40 and 50 6|| and affirmative defenses 3-5, 7-10, and 12-29.* 7 Dated: December 18, 2019 9 U.S. District Fudge J onnkfey A. Dorsey 10 11 12 13 14 15 16 17 18 19 20 21 22 23 * ECF No. 116 at 8.