Reliance Hospitality LLC v. 5251 S Julian Drive LLC

[5] 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA [8] 9 Reliance Hospitality LLC, No. CV-22-00149-TUC-JAS (MSA) 10 Plaintiff, ORDER 11 v. 12 5251 S Julian Drive LLC, et al., 13 Defendants. [14] 15 Pending before the Court is a Report and Recommendation issued by United States 16 Magistrate Judge Aguilera that recommends denying Plaintiff’s motion for summary 17 judgment. A review of the record reflects that the parties have not filed any objections to 18 the Report and Recommendation and the time to file objections has expired. As such, the 19 Court will not consider any objections or new evidence. 20 The Court has reviewed the record, including Plaintiff’s motion for summary 21 judgment (Doc. 92), the accompanying statement of facts (Doc. 93), Defendant’s response 22 (Doc. 105), the response’s statement of facts (Doc. 106), and Plaintiff’s reply (Doc. 114). 23 The Court concludes that Magistrate Judge Aguilera’s recommendations are not clearly 24 erroneous. See 28 U.S.C. § 636 (b)(1); Fed. R. Civ. P. 72; Johnson v. Zema Systems Corp., [25] 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 26 1998). 27 /// 28 /// 1 Accordingly, IT IS HEREBY ORDERED as follows: (1) Magistrate Judge Aguilera’s Report and Recommendation (Doc. 116) is accepted and adopted. (2) Plaintiff’s motion for summary judgment (Doc. 92) is denied. 5 || (3) This case will be referred back to Judge Aguilera after this Court resolves the remaining R&R (Doc. 115). 7 Dated this 29th day of March, 2024. [9] A ashe. Honorable James A. Soto United States District Judge [28] -2-