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Nilon v. Natural-Immunogenics Corp.

United States District Court, Ninth Circuit, California, S.D. California
Apr 27, 2015
3:12-CV-00930-LAB (BGS) (S.D. Cal. Apr. 27, 2015)

Opinion


ANDREW NILON, individually, and on behalf of all others similarly situated, Plaintiff, v. NATURAL-IMMUNOGENICS CORP., Defendant. No. 3:12-CV-00930-LAB (BGS) United States District Court, S.D. California. April 27, 2015

          ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. NO. 84) RE: PLAINTIFF'S MOTION FOR TERMINATING SANCTIONS (DOC. No. 74).

          LARRY ALAN BURNS, District Judge.

         Nilon filed a motion for terminating sanctions, to hold Natural-Immunogenics' counsel in contempt, and for monetary sanctions. (Docket no. 74.) Judge Skomal issued a report and recommendation (the "R&R") on Nilon's motion, recommending that it be denied. (Docket no. 84.)

         Objections to the R&R were due on February 19, 2015. Nilon didn't file an objection. "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Fed.R.Civ.P. 72(b). "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). The "statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).

         The Court has nonetheless reviewed the R&R and agrees with its rationale and conclusions. The R&R is ADOPTED. Nilon's motion for terminating sanctions, to hold Natural-Immunogenics' counsel in contempt, and for monetary sanctions is DENIED.

         IT IS SO ORDERED.


Summaries of

Nilon v. Natural-Immunogenics Corp.

United States District Court, Ninth Circuit, California, S.D. California
Apr 27, 2015
3:12-CV-00930-LAB (BGS) (S.D. Cal. Apr. 27, 2015)
Case details for

Nilon v. Natural-Immunogenics Corp.

Case Details

Full title:ANDREW NILON, individually, and on behalf of all others similarly…

Court:United States District Court, Ninth Circuit, California, S.D. California

Date published: Apr 27, 2015

Citations

3:12-CV-00930-LAB (BGS) (S.D. Cal. Apr. 27, 2015)