Thomas v. United Air Lines, Inc. et al

Filing 19

ORDER signed by Chief Judge Morrison C. England, Jr on 8/16/13 ADOPTING 14 Findings and Recommendations; GRANTING 5 Motion to Dismiss. United Air Lines, Inc. DISMISSED from this action. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SYLVIA THOMAS,

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No. 2:13-cv-745-MCE-EFB PS

Plaintiff,
v.

ORDER

UNITED AIR LINES, INC.; RAFAEL
PADILLA CRUZ; and DOES 1-50,
inclusive,
Defendants.

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On July 11, 2013, the magistrate judge filed findings and recommendations herein which

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

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recommendations were to be filed within fourteen days. Plaintiff filed objections on July 25,

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2013, and they were considered by the undersigned.

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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). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified Sch. 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 proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The proposed Findings and Recommendations filed July 11, 2013, are ADOPTED;

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2. Defendant United Air Lines’ motion to dismiss, ECF No. 5, is granted; and

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3. Defendant United Air Lines is dismissed from this action.

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Date: August 16, 2013

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_____________________________________

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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