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)

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-