Andrew S. Kindle v. Vanderlande Industries Inc.

Filing 20

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge David O. Carter for Report and Recommendation 16 , MOTION to Dismiss 11 . (1) Defendant's MTD is GRANTED; (2) the Complaint is DISMISSED without prejudice and with leave to amend as to all claims, except Plaintiff's Occupational Safety and Health Act claim, which is DISMISSED with prejudice; and (3) Plaintiff shall file a First Amended Complaint within 21-days of the date of this Order. (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ANDREW S. KINDLE, 12 Case No. 2:23-cv-09738-DOC-SHK Plaintiff, 13 v. 14 VANDERLANDE INDUSTRIES, INC., 15 Defendant. ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, 19 Defendant Vanderlande Industries, Inc.’s (“Defendant”) Motion to Dismiss, or, In 20 The Alternative, for a More Definitive Statement (“MTD”), the relevant records on 21 file, and the Report and Recommendation of the United States Magistrate Judge. 22 No objections have been filed. The Court accepts the findings and 23 recommendation of the Magistrate Judge. 24 /// 25 /// 26 /// 27 /// 28 /// 1 IT IS THEREFORE ORDERED that: (1) Defendant’s MTD is GRANTED; 2 (2) the Complaint is DISMISSED without prejudice and with leave to amend as to 3 all claims, except Plaintiff’s Occupational Safety and Health Act claim, which is 4 DISMISSED with prejudice; and (3) Plaintiff shall file a First Amended 5 Complaint within 21-days of the date of this Order. 6 7 8 Dated: July 8, 2024 HONORABLE DAVID O. CARTER United States District Judge 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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