Simpson v. Pizza Ventures of Arizona et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Kimmins' Report and Recommendation (Doc. 48 ) is accepted and adopted. The motion to dismiss (Doc. 30 ) is granted, but Plaintiff is granted leave to amend, within 20 days of the filing date of this Order, pursuant to the directions contained in the Report and Recommendation. This case is referred back to Magistrate Judge Kimmins for any further proceedings. Signed by Judge James A Soto on 8/9/2019. (MCO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Pizza Venture of Tucson, LLC, and Papa)
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John’s International, Inc.,
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Defendants.
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Warren Simpson,

No. CV 18-98-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 a motion to dismiss. As the Court finds that the Report and Recommendation

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appropriately resolved the motion, the objections are denied.1

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Accordingly, IT IS HEREBY ORDERED as follows:

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(1) Magistrate Judge Kimmins’ Report and Recommendation (Doc. 48) is accepted and

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adopted.

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(2) The motion to dismiss (Doc. 30) is granted, but Plaintiff is granted leave to amend,

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within 20 days of the filing date of this Order, pursuant to the directions contained in the

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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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Report and Recommendation.

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(3) This case is referred back to Magistrate Judge Kimmins for any further proceedings.

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DATED this 9th day of August, 2019.

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