Filed: Sep. 19, 2018
Latest Update: Sep. 19, 2018
Summary: ORDER DAVID C. NORTON , District Judge . This matter is before the court upon the Special Master's report and recommendation ("R&R") that the court grant defendants' motions to dismiss, ECF Nos. 53, 54, 55, 56, 58, and 61, and that the court deny plaintiff's cross-motion to amend the complaint, ECF No. 65. The court is charged with conducting a de novo review of any portion of the Special Master's report to which a specific objection is registered. "In acting on a master's order, report,
Summary: ORDER DAVID C. NORTON , District Judge . This matter is before the court upon the Special Master's report and recommendation ("R&R") that the court grant defendants' motions to dismiss, ECF Nos. 53, 54, 55, 56, 58, and 61, and that the court deny plaintiff's cross-motion to amend the complaint, ECF No. 65. The court is charged with conducting a de novo review of any portion of the Special Master's report to which a specific objection is registered. "In acting on a master's order, report, ..
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ORDER
DAVID C. NORTON, District Judge.
This matter is before the court upon the Special Master's report and recommendation ("R&R") that the court grant defendants' motions to dismiss, ECF Nos. 53, 54, 55, 56, 58, and 61, and that the court deny plaintiff's cross-motion to amend the complaint, ECF No. 65.
The court is charged with conducting a de novo review of any portion of the Special Master's report to which a specific objection is registered. "In acting on a master's order, report, or recommendations, the court must give the parties notice and an opportunity to be heard; may receive evidence; and may adopt or affirm, modify, wholly or partly reject or reverse, or resubmit" the R&R to the Special Master with instructions. Fed. R. Civ. P. 53(f)(1). The 2003 Advisory Committee Notes state that the "requirement that the court must afford an opportunity to be heard can be satisfied by taking written submissions when the court acts on the report without taking live testimony."1
Plaintiff requests a hearing with this court to address his objections to the R&R. However, a party is not entitled to a hearing on his objections to a Special Master's R&R. Rather, he must be given "notice and an opportunity to be heard," which plaintiff has received through his opportunity to submit objections to the R&R. See Pac, Harbor Captial, Inc. v. Carnival Air Lines, Inc., 210 F.3d 1112, 1118 (9th Cir. 2000) (finding that Rule 53(f)(1) "does not require an oral or evidentiary hearing on the issues"). The court finds that a hearing is not necessary to decide upon plaintiff's objections to the R&R, and thus denies plaintiff's request for a hearing.
The court has conducted a de novo review of the record, including plaintiff's objections to the R&R and the transcript from the Special Master's hearing on the motions. The court concludes that the Special Master's R&R accurately summarizes this case and the applicable law. Accordingly, the Special Master's R&R, ECF No. 96, is incorporated into this order. For the reasons articulated by the Special Master, the court GRANTS the defendants' motions to dismiss all of plaintiff's claims, rendering moot plaintiff's cross-motion to amend the complaint.
AND IT IS SO ORDERED.
