Cawthon v. Ngan Thi Phuong Nguyen

Background

The court had referred an inquest—an inquiry to determine damages—to Magistrate Judge Cave. On January 23, 2024, Judge Cave issued a Report and Recommendation proposing damages of $22,732.50, plus post-judgment interest.

Review of the Recommendation

Under federal law and the Federal Rules of Civil Procedure, a district judge may accept, reject, or modify a magistrate judge’s report and recommendation. If a party properly objects, the district judge must independently review the challenged portion. If no timely objection is filed, the district judge need only determine that the recommendation contains no clear error on the face of the record.

The Report and Recommendation gave the parties fourteen days to object and warned that failing to object on time would waive the right to object. It also cited the applicable federal rule and statute. No objections or requests for an extension were filed. The court therefore held that the parties waived their rights to object to the recommendation or obtain appellate review.

Ruling

Despite the waiver, the court reviewed the petition and the Report and Recommendation. It found the recommendation well reasoned and grounded in fact and law, adopted it in its entirety, and directed the Clerk of Court to enter the judgment recommended on page 27 of the report. The court also directed that the case be closed.