H.S., et al v. Aqua Emps Booster Club et al

Filing 26

ORDER ADOPTING 25 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING 17 Defendants' Motion to Dismiss; and ORDER GRANTING Plaintiff's Fourteen (14) Days to File an Amended Complaint signed by District Judge Anthony W. Ishii on 9/4/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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H.S., et al.,
Plaintiffs,

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Case No. 1:14-cv-00399-AWI-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
(ECF Nos. 17, 18, 19, 22, 23, 25)

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AQUA EMPS BOOSTER CLUB, et al.,

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Defendants.

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Plaintiffs filed the complaint in this action on March 20, 2014. (ECF No. 1.) Defendants

18 filed a motion to dismiss on June 3, 2014 which was referred to a United States Magistrate Judge
19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. (ECF Nos. 17-19, 20.)
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On July 9, 2014, the Magistrate Judge filed a Findings and Recommendations which was

21 served on the parties and which contained notice that any objections to the Findings and
22 Recommendations were to be filed within fourteen days. More than fourteen days have passed
23 and no objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

25 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the
26 Findings and Recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed July 9, 2014, is adopted in full;

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Defendants’ motion to dismiss is GRANTED;

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Plaintiffs’ complaint, filed March 20, 2014 is dismissed for failure to state a
claim;

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Within fourteen days from the date of service of this order, Plaintiffs shall file an

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amended complaint to cure the deficiencies identified in the findings and

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recommendations; and

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If Plaintiffs fail to file an amended complaint in compliance with this order, this
action shall be dismissed, with prejudice, for failure to state a claim.

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IT IS SO ORDERED.

11 Dated: September 4, 2014

SENIOR DISTRICT JUDGE

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