Morales-Alfonso v. Francisco Enterprises Incorporated et al

Filing 66

ORDERED that Judge Bowman's 63 Report and Recommendation is accepted and adopted. Defendants' 55 Motion to Dismiss is granted in part as discussed in the Report and Recommendation. The case is referred back to Magistrate Judge Bowman for any remaining pretrial proceedings. Signed by Judge James A Soto on 7/13/2017.(BAR)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jorge Morales-Alfonso, Plaintiff, 10 11 vs. 12 Francisco Enterprises, Inc., et al. 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 15-200-TUC-JAS (LAB) ORDER 15 16 Pending before the Court is a Report and Recommendation issued by Magistrate Judge 17 Bowman. In the Report and Recommendation, Magistrate Judge Bowman recommends 18 granting in part Defendants’ motion to dismiss. As the Court finds that the Report and 19 Recommendation appropriately resolved the motion, the objections are denied.1 20 Accordingly, IT IS HEREBY ORDERED as follows: 21 (1) Magistrate Judge Bowman’s Report and Recommendation (Doc. 63) is accepted and 22 adopted. 23 (2) Defendants’ motion to dismiss (Doc. 55) is granted in part as discussed in the Report 24 and Recommendation. 25 26 27 28 1 The Court reviews de novo the objected-to portions of the Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Court reviews for clear error the unobjected-to portions of the Report and Recommendation. See Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998). 1 (3) This case is referred back to Magistrate Judge Bowman for any remaining pretrial 2 proceedings. 3 4 DATED this 13th day of July, 2017. 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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