Opinion
Civil No. 11cv1107 AJB (BLM)
06-27-2012
FARROW et al., Plaintiffs, v. GENUINE PARTS COMPANY MEDICAL PLAN et al., Defendants.
ORDER (1) ADOPTING REPORT
AND RECOMMENDATION, (2)
GRANTING DEFENDANTS' MOTION
TO ENFORCE THE TERMS OF THE
SETTLEMENT, AND (3) DISMISSING
THE CASE WITH PREJUDICE
[Docs. 31, 37]
Presently before the Court is Defendants' motion to enforce the terms of the settlement stated on the record on November 18, 2011. (Doc. 31.) The Court referred the matter to Magistrate Judge Barbara Lynn Major, who issued a report and recommendation that the Court grant Defendants' motion and dismiss the case with prejudice. (Doc. 37.)
Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1) set forth a district judge's duties in connection with a magistrate judge's report and recommendation. The district judge must "make a de novo determination of those portions of the report to which objection is made," and "may accept, reject, or modify, in whole or in part, the finding or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1); see also United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). However, in the absence of timely objection(s), the Court "need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Fed. R. Civ. P. 72(b), Advisory Committee Notes (1983); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
Neither party has timely filed objections to Magistrate Judge Major's report and recommendation. (See Doc. 37 at 8 (objections due by June 8, 2012).) Having reviewed the report and recommendation, the Court finds that it is thorough, well reasoned, and contains no clear error. Accordingly, the Court hereby (1) ADOPTS Magistrate Judge Major's report and recommendation, (2) GRANTS Defendants' motion to enforce the terms of the settlement, and (3) DISMISSES the instant case with prejudice.
IT IS SO ORDERED.
_________________________
Hon. Anthony J. Battaglia
U.S. District Judge