Opinion
CV-23-02235-PHX-ASB
01-10-2024
Tammie Flowers, Plaintiff, v. United States of America, et al., Defendants.
TO HON. STEPHEN M. MCNAMEE, SENIOR UNITED STATES DISTRICT JUDGE:
REPORT AND RECOMMENDATION
ALISON S. BACHUS, UNITED STATES MAGISTRATE JUDGE
Before the Court and ripe for disposition is the Stipulation for Dismissal with Prejudice (Doc. 13).
A. Background
Plaintiff filed her Complaint against Defendants United States of America and Scott A. Ruud on October 27, 2023. (Doc. 1.) On January 16, 2024, Plaintiff filed the instant Stipulation for Dismissal, which indicates all three parties have entered into the stipulation. (Doc. 13.) The docket shows that there has been consent from two of the three parties. (Docs. 6, 12.) The Court recognizes that Defendant United States of America has filed a document indicating its position that Defendant Ruud was incorrectly named in the Complaint (Doc. 8), but the undersigned cannot proceed on the Stipulation without the consent of each named party. Because the undersigned finds good cause appears to accept and grant the Stipulation, the undersigned will recommend to the District Judge that the matter be dismissed in its entirety.
IT IS THEREFORE RECOMMENDED:
1. That the Stipulation for Dismissal with Prejudice (Doc. 13) be accepted and granted; and
2. That the Court dismiss this matter in its entirety with prejudice, with each party bearing its own fees and costs.
This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. The parties shall have 14 days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 6(a), 6(b) and 72. Thereafter, the parties have 14 days within which to file a response to the objections.
Failure to timely file objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Failure to timely file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party's right to appellate review of the findings of fact in an order of judgment entered pursuant to the Magistrate Judge's recommendation. See Fed.R.Civ.P. 72.