Smith v. Hewitt Associates LLC

Filing 15

ORDER ADOPTING 14 Report and Recommendations, and granting Defendant's 4 Motion to Dismiss Case, Motion to Dismiss for Failure to State a Claim filed by Hewitt Associates LLC. This action is DISMISSED for failure to state a claim upon which relief may be granted. Clerk of Court shall enter judgment and shall then close its file in this matter. Signed by Judge Cindy K Jorgenson on 3/20/13. (SMBE)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 SANDEE SMITH, 9 Plaintiff, 10 vs. 11 HEWITT ASSOCIATES, L.L.C., 12 Defendant. 13 ) ) ) ) ) ) ) ) ) ) No. CIV 12-780-TUC-CKJ ORDER 14 On February 28, 2013, Magistrate Judge Bernardo P. Velasco issued a Report and 15 Recommendation (Doc. 14) in which he recommended Defendant’s Motion to Dismiss (Doc. 16 4) be granted. The Report and Recommendation advised the parties that, pursuant to 28 17 U.S.C. §636(b), Fed.R.Civ.P. 72(b)(2), and LRCiv 7.2(e), any party may serve and file 18 written objections within fourteen (14) days after being served with a copy of the Report and 19 Recommendation and also advised the parties that failure to file timely objections to any 20 factual or legal determination of the Magistrate Judge may be deemed a waiver of the 21 party’s right to de novo review of the issues. United States v. Reyna-Tapia, 328 F.3d 1114, 22 1121 (9th Cir.) (en banc), cert. denied, 540 U.S. 900 (2003). As of this date, no objections 23 have been filed. 24 Accordingly, after an independent review, IT IS ORDERED: 25 1. The Report and Recommendation (Doc. 14) is ADOPTED. 26 2. Defendant’s Motion to Dismiss (Doc. 4) is GRANTED. 27 3. This action is DISMISSED for failure to state a claim upon which relief may 28 be granted. 1 2 3 4. The Clerk of Court shall enter judgment and shall then close its file in this matter. DATED this 20th day of March, 2013. 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-

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