Schultz et al v. Krause et al

Filing 32

ORDER signed by Judge Morrison C. England, Jr. on 1/6/2012 ORDERING The Court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to ADOPT the F & R's in full.Nationwide's # 16 Motion to Dismiss is GRANTED and Nationwide's motion for a more definite statement is DENIED as MOOT; the action is DISMISSED with prejudice and the Clerk of Court is directed to close this case. CASE CLOSED. (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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KIRK MATTHEW SCHULTZ, et al.,

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No. 2:11-cv-01796 MCE GGH PS

Plaintiffs,
vs.

ORDER

PETER W. KRAUSE, et al.,

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Defendants.

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__________________________________/

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On December 13, 2011, the magistrate judge filed findings and recommendations herein

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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 (14) days. Objections were filed, and they

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were considered by the district judge.

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This Court reviews de novo those portions of the proposed findings of fact to which

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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As

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to any portion of the proposed findings of fact to which no objection has been made, the court

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assumes its correctness and decides the motions on the applicable law. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979).
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The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley

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Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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The Court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the Findings and Recommendations in full. Accordingly,

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IT IS ORDERED that:

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1. Nationwide’s Motion to Dismiss (ECF No. 16) is GRANTED and Nationwide’s

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motion for a more definite statement is DENIED as moot;

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2. The action is DISMISSED with prejudice; and

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3. The Clerk of Court is directed to close this case.

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Dated: January 6, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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