Perfekt Marketing LLC v. Luxury Vacation Deals LLC
2:15-cv-00717
D. Nev.Feb 5, 2016Background
- Plaintiff: Perfekt Marketing, LLC; Defendants: Luxury Vacation Deals, LLC, et al.
- Magistrate Judge Leen issued a report and recommendation (Doc. #37) recommending grant of plaintiff’s motion for disbursement of funds (Doc. #33) and dismissal of the case as moot.
- No objections to the magistrate judge’s report were filed before the deadline.
- The district court notes the statutory standard for review of magistrate recommendations (28 U.S.C. § 636(b)(1)) and the difference in review when objections are timely filed versus not.
- Although not required to review absent objections, the district court performed a de novo review and found good cause to adopt the magistrate judge’s recommendation in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the magistrate judge’s recommendation to disburse funds and dismiss for lack of case or controversy should be adopted | Seeks disbursement of funds and dismissal because no live controversy remains | No objections filed to contest the recommendation | Court adopted the magistrate judge’s recommendation and ordered disbursement and dismissal |
| Standard of review for magistrate judge recommendations without objections | N/A (plaintiff did not dispute standard) | N/A | Court may accept recommendation without review but chose to perform de novo review and adopt it |
| Effect of failure to object to a magistrate’s R&R | N/A | N/A | District courts are not required to review unobjected portions, but may; here court reviewed and adopted |
| Whether good cause exists to adopt the R&R | Argues factors warrant disbursement and dismissal | No opposition presented | Court found good cause and adopted the R&R in full |
Key Cases Cited
- Thomas v. Arn, 474 U.S. 140 (1985) (district court need not conduct any review of unobjected-to portions of a magistrate judge’s recommendation)
- United States v. Reyna–Tapia, 328 F.3d 1114 (9th Cir. 2003) (Ninth Circuit recognizes district courts need not review unobjected-to recommendations)
- Schmidt v. Johnstone, 263 F. Supp. 2d 1219 (D. Ariz. 2003) (reads Reyna–Tapia as allowing district courts to accept recommendations without review when no objections are filed)