Opinion
No. CV-16-01903-PHX-DMF
04-26-2017
Nathan Jesus Baeza, Plaintiff, v. Compadres Auto Sales LLC, et al., Defendants.
ORDER
Pending before the Court is Plaintiff's Motion for Default Judgment as to Iris Marie Villa (Doc. 24) and United States Magistrate Deborah M. Fine's Report and Recommendation ("R&R") (Doc. 29). The R&R recommends that the Court grant the Motion (Doc. 29 at 3). The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. Id. at 3 (citing Fed. R. Civ. P. 6 and 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).
The parties did not file objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection."); Fed. R. Civ. P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and will grant the Motion. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"); Fed. R. Civ. P. 72(b)(3) ("The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.").
IT IS HEREBY ORDERED:
1. Magistrate Judge Fine's R&R (Doc. 29) is accepted.
2. Plaintiff's Motion for Default Judgment as to Iris Marie Villa (Doc. 24) is granted.
3. Plaintiff is awarded $10,000.00 in statutory damages, $2,400.00 in attorney's fees, and $468.00 in costs for a total of $12,868.00 and against Defendant Iris Marie Villa on the Federal Odometer Act claim.
4. The judgment shall bear post-judgment interest at the statutory rate as set forth under 28. U.S.C. § 1961.
5. Plaintiff shall take nothing on the breach of contract claim against Defendant Iris Marie Villa.
6. The Clerk of Court shall terminate this action and enter judgment accordingly.
Dated this 26th day of April, 2017.
/s/_________
Honorable G. Murray Snow
United States District Judge