Saling v. Royal, et al

Filing 75

ORDER signed by District Judge Troy L. Nunley on 9/29/2015 ORDERING that the 74 findings and recommendations are ADOPTED. Defendants' 40 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff is GRANTED thirty days from the date of service of this order to file a second amended complaint. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAMMY SALING,

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No. 2:13-cv-1039-TLN-EFB PS

Plaintiff,
v.

ORDER

KEITH ROYAL, Sheriff of Nevada
County, California; GAYLE
SATCHWELL, Former Director of Human
Resources, Nevada County,
Defendants.

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On September 9, 2015, 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 days. No objections were filed.

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The Court has reviewed the applicable legal standards and, good cause appearing,
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 September 9, 2015, are

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ADOPTED.
2. Defendants’ motion to dismiss Plaintiff’s first amended complaint, ECF No. 40, is
granted as follows:

a. Plaintiff’s first (“Intrusion Into Seclusion (Privacy) Under Equal Protection”),

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third (“Retaliation Termination”), fourth (“Harassment in violation of Title VII”) and

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seventh (“Civil Conspiracy”) causes of action are dismissed with leave to amend;
b. Plaintiff’s state law claims are dismissed with prejudice and without leave to

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amend.

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3. Defendants’ motion to dismiss Plaintiff’s due process claim is denied.

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4. Plaintiff is granted thirty days from the date of service of this order to file a second

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amended compliant as provided in the magistrate judge’s Findings and Recommendations. The

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second amended complaint must bear the docket number assigned to this case and must be

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labeled “Second Amended Complaint.” Should Plaintiff fail to timely file a second amended

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complaint, this action shall proceed on Plaintiff’s due process claim.

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Dated: September 29, 2015

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Troy L. Nunley
United States District Judge

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