de Boer v. Day Electric, Inc. ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION MONIQUE de BOER, et al., Case No. 1:20-cv-00458-CL OPINION AND ORDER Plaintiffs, vs. DAY ELECTRIC, INC., Defendant. AIKEN, District Judge: Magistrate Judge Mark D. Clarke filed Findings and Recommendation (“F&R”) (doc. 21) on July 17, 2020. The matter is now before me. See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72. No objections have been timely filed. Although this relieves me of my obligation to perform a de novo review, I retain the obligation to “make an informed, final determination.” Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983), overruled on other grounds, United States v. Reyna-Tapia, 328 F.3d 1114, 1121–22 (9th Cir. 2003) (en banc). The Magistrates Act does not specify a standard of review in cases where no objections are filed. Ray v. Astrue, 2012 WL 1598239, *1 (D. Or. May 7, 2012). Following the recommendation of the Rules Advisory Committee, I review the F&R for “clear error on the face of the record[.]” Fed. R. Civ. P. 72 advisory committee’s note (1983) (citing Campbell v. United States District Court, 501 F.2d 196, 206 (9th Cir. 1974)); see also United States v. Vonn, 535 U.S. 55, 64 n.6 (2002) (stating that, “[i]n the absence of a clear legislative mandate, the Advisory Committee Notes provide a reliable source of insight into the meaning of” a federal rule). Having reviewed the file of this case, I find no clear error. THEREFORE, IT IS HEREBY ORDERED that I ADOPT Judge Clarke’s F&R (doc. 21). Plaintiff’s Motion for Default Judgement (doc. 13) is GRANTED and judgment shall be entered against defendant Day Electric, Inc., in the amounts provided in the F&R. Plaintiff’s Motion for an Award of Attorney Fees, Expenses, and Costs (doc. 14) is also GRANTED and plaintiffs shall be awarded $2,894.20 in fees and costs. Dated this 1_3_t_h_ day of August 2020. ________/_s_/A__n_n_ _A_i_k_e_n_______ Ann Aiken United States District Judge