Jacobson v. Peter Piper Incorporated et al

Filing 34

ORDER adopting 31 Report and Recommendation: Defendant's 14 Motion to Dismiss is granted. This case is dismissed without prejudice. The Clerk of the Court shall enter judgment and close the file in this case. Signed by Judge James A Soto on 8/3/2018. (SIB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Diane Jacobson, on behalf of herself and)
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all others similarly situated,
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Plaintiff,
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vs.
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Peter Piper Pizza, Inc.
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Defendant.

No. CV 16-596-TUC-JAS (LCK)
ORDER

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Pending before the Court is a Report and Recommendation issued by Magistrate Judge

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Kimmins. In the Report and Recommendation, Magistrate Judge Kimmins recommends

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granting Defendant’s motion to dismiss.

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Recommendation appropriately resolved the motion to dismiss, the objections are denied.1

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As the Court finds that the Report and

Accordingly, IT IS HEREBY ORDERED as follows:

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(1) Magistrate Judge Kimmins’ Report and Recommendation (Doc. 31) is accepted and

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adopted.

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(2) Defendant’s motion to dismiss is granted.

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(3) This case is dismissed without prejudice. The Clerk of the Court shall enter judgment

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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).

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and close the file in this case.

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DATED this 3rd day of August, 2018.

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