Carrasco v. C.H. Robinson Worldwide, Inc.
Filing
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ORDER ADOPTING 27 FINDINGS AND RECOMMENDATIONS, signed by District Judge Lawrence J. O'Neill on 12/19/2013. (Granting in part and denying in part 13 Motion to Dismiss ; Denying 17 Motion to Remand, Plaintiffs Second Amended Complaint shall be filed not later than 1/10/2014.) (Gaumnitz, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DESIRE SOARES CARRASCO,
Case No. 1:13-cv-01438-LJO-SAB
Plaintiff,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
v.
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ECF NO. 27
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C.H. ROBINSON WORLDWIDE, INC., et
al.,
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Defendants.
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On November 27, 2013, the magistrate judge assigned to this action issued a Findings
19 and Recommendations recommending that Defendants C.H. Robinson Worldwide, Inc,
20 Cheyenne Barcelona and Sean Nelson’s (“Defendants”) motion to dismiss be partially granted
21 and partially denied. (ECF No. 27.) The Findings and Recommendations further recommended
22 that Plaintiff Desire Soares Carrasco’s (“Plaintiff”) motion to remand be denied. The Findings
23 and Recommendations contained notice that any objections were to be filed within fourteen (14)
24 days. No party has filed objections to the Findings and Recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
26 a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the
27 Findings and Recommendations are supported by the record and by proper analysis.
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Accordingly, it is HEREBY ORDERED that:
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FULL;
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The November 27, 2013 Findings and Recommendations are ADOPTED IN
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Plaintiff’s attempt to join Cheyenne Barcelona and Sean Nelson as defendants in
this action is DENIED pursuant to 28 U.S.C. § 1447(e);
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Plaintiff’s motion to remand is DENIED;
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Defendants’ motion to dismiss is PARTIALLY GRANTED;
a.
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Defendants’ motion to dismiss Plaintiff’s wrongful termination claim is
DENIED;
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b.
Defendants’ motion to dismiss Plaintiff’s harassment claim is GRANTED;
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c.
Defendants’ motion to dismiss Plaintiff’s retaliation claim is DENIED;
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Defendants’ motion to dismiss Plaintiff’s meal period claim is
GRANTED;
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Defendants’ motion to dismiss Plaintiff’s rest period claim is GRANTED;
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Defendants’ motion to dismiss Plaintiff’s unfair competition claim is
GRANTED; and
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Plaintiff’s Second Amended Complaint shall be filed not later than January 10,
2014.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
December 19, 2013
UNITED STATES DISTRICT JUDGE
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