J & J Sports Productions, Inc. v. Torres

Filing 46

ORDER signed by Judge Kimberly J. Mueller on 9/11/2012 FINDINGS AND RECOMMENDATIONS 39 are ADOPTED; and plaintiff's 33 Motion for Partial Summary Judgment is DENIED without prejudice. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.

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Plaintiff,
vs.

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No. CIV-S-10-3009-KJM-KJN-PS

ARMANDO RIOS TORRES, Individually
and d/b/a CAVOUR CLUB,

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Defendant.
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ORDER

On March 6, 2012, the magistrate judge filed findings and recommendations,

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which were served on the parties and which contained notice that any objections to the findings

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and recommendations were to be filed within fourteen days. No objections were filed.
The court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS ORDERED that:

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1. The Findings and Recommendations filed March 6, 2012, are ADOPTED; and

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2. Plaintiff’s motion for partial summary judgment (ECF No. 33) is denied

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without prejudice.

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DATED: September 11, 2012.

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UNITED STATES DISTRICT JUDGE

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