You're viewing Docket Item 13 from the case Patrick et al v. Hitachi Ltd.. View the full docket and case details.

Download this document:









Case4:12-cv-06172-SBA Document13 Filed05/29/13 Page1 of 2

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

Case No: C 12-6172 SBA

ORDER ACCEPTING REPORT
AND RECOMMENDATION OF
MAGISTRATE JUDGE



Plaintiffs,


DENNIS PATRICK and GRETHA PERRY,
Individually & on behalf of all others
similarly situated,





HITACHI, LTD.,






Defendant.


vs.





This putative class action originally was assigned to Magistrate Judge Joseph Spero

(“the Magistrate”). On April 12, 2013, the Magistrate issued a Report and
Recommendation which recommended the dismissal of the action based on “Plaintiff’s
failure to appear for the case management conference on March 8, 2013, for failure to
prosecute, and for failure to comply with the Court’s Order dated December 5, 2012.” Dkt.
9 at 1. In addition, the Magistrate directed the Clerk to reassign the action to a District
Judge for action on the Report and Recommendation. Id.

The deadline to file an objection to the report and recommendation was April 26,
2013. See Fed. R. Civ. P. 6(a)(1), 72(b). To date, no objections have been filed in this
case. In the absence of a timely objection, 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 Notes (1983) (citing Campbell v. U.S. Dist. Court, 501
F.2d 196, 206 (9th Cir. 1974)); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003) (“The statute [28 U.S.C. § 636(b)(1)(C)] makes it clear that the district
judge must review the magistrate judge’s findings and recommendations de novo if [an]









1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28



Case4:12-cv-06172-SBA Document13 Filed05/29/13 Page2 of 2

objection is made, but not otherwise.”) (en banc). The Court has reviewed the record on its
face and finds no clear error. Accordingly,

IT IS HEREBY ORDERED THAT Magistrate Judge Spero’s Report and

Recommendation is ACCEPTED and shall become the Order of this Court. The action is
therefore DISMISSED. The Clerk shall close the file and terminate all pending matters.

IT IS SO ORDERED.


Dated: May 29, 2013









_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28







- 2 -