Jimenez, et al. v. Volvo Ce Rents, Inc., et al.

Filing 31

ORDER signed by District Judge Troy L. Nunley on 12/22/2016 ADOPTING IN FULL #28 Findings and Recommendations; and DENYING Plaintiff's #21 Motion for leave to file an amended complaint. (Jackson, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 MARIA I. JIMENEZ, et al., 11 Case No. 1:15-cv-01259-TLN-SAB Plaintiffs, 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT v. 13 VOLVO CE RENTS, INC., et al., 14 (ECF Nos. 21, 28) Defendants. 15 16 On July 15, 2015, Plaintiffs filed the complaint in this action in the Superior Court of 17 18 California, County of Merced alleging claims for wrongful death and loss of consortium. (ECF 1 19 No. 1 at 9-16. ) On August 14, 2015, Defendant Blueline Rental, LLC removed this action to the 20 Eastern District of California. (ECF No. 1.) Plaintiffs filed a motion for leave to file an 21 amended complaint on August 30, 2016, (ECF No. 21), which was referred to a United States 22 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 7, 2016, the Magistrate Judge filed a findings and recommendations. (ECF 23 24 No. 28.) The findings and recommendations recommended denying Plaintiffs’ motion for leave 25 to file an amended complaint. The findings and recommendations was served on the parties and 26 contained notice that any objections to the findings and recommendations were to be filed within 27 1 All references to pagination of specific documents pertain to those as indicated on the upper right corners via the 28 CM/ECF electronic court docketing system. 1 1 fourteen days (14) days from the date of service. The period for filing objections has passed and 2 no objections have been filed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 4 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the 5 findings and recommendations to be supported by the record and by proper analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. ADOPTED IN FULL; and 8 9 10 The findings and recommendations, filed October 7, 2016, (ECF No. 28), is 2. Plaintiffs’ motion for leave to file an amended complaint (ECF No. 21) is DENIED. 11 Dated: December 22, 2016 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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