Opinion
21-CIV-62295-RAR
10-03-2022
TRADESPOT MARKETS INC., Plaintiff, v. ICARO MEDIA GROUP INC., Defendant.
ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION AND DENYING DEFENDANT'S VERIFIED MOTION FOR ATTORNEY'S FEES
RODOLFO A. RUIZ II UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court upon Magistrate Judge Jared M. Strauss's Report and Recommendation [ECF No. 35] (“Report”), filed on September 12, 2022. The Report recommends that the Court deny Defendant's Verified Motion for Attorney's Fees [ECF No. 29] (“Motion”). The time for objections has passed, and there are no objections to the Report.
When a magistrate judge's “disposition” has been properly objected to, district courts must review the disposition de novo. FED. R. CIV. P. 72(b)(3). When no party has timely objected, however, “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 advisory committee's note to 1983 addition (citation omitted). Although Rule 72 itself is silent on the standard of review, the Supreme Court has acknowledged Congress's intent was to only require a de novo review where objections have been properly filed, not when neither party objects. See Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that Congress intended to require district court review of a magistrate[] [judge]'s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.” (emphasis in original; alterations added)).
Because there are no objections to the Report, the Court did not conduct a de novo review. Rather, the Court reviewed the Report for clear error. Finding none, it is
ORDERED AND ADJUDGED as follows:
1. The Report [ECF No. 35] is AFFIRMED AND ADOPTED.
2. Defendant's Motion [ECF No. 29] is DENIED.
DONE AND ORDERED.