Smith v. Lowe's HIW, Inc.

Filing 33

ORDER signed by Senior Judge William B. Shubb on 5/12/2014 FINDINGS AND RECOMMENDATIONS 29 are ADOPTED in FULL; Defendant's 18 Motion to Dismiss is GRANTED; Defendant's 19 Motion to Strike is DENIED as MOOT; and Plaintiff is GRANTED leave to amend his complaint to assert defamation claims based exclusively on the allegedly defamatory statements including in his personal file. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIEN EDWARD SMITH,

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Plaintiff,

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No. 2:13-cv-1713 WBS AC PS

v.

ORDER

LOWE’S HIW, INC.,

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Defendants.

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Plaintiff is proceeding in this action in pro per. The matter was referred to a United States
Magistrate Judge pursuant to Local Rule 302(c)(21).
On April 14, 2014, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within fourteen days. Defendants have filed

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objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 14, 2014 are adopted in full;
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2. Defendant’s January 30, 2014 motion to dismiss (ECF No. 18) is granted;

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3. Defendant’s January 30, 2014 motion to strike (ECF No. 19) is denied as moot; and

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4. Plaintiff is granted leave to amend his complaint to assert defamation claims based

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exclusively on the allegedly defamatory statements included in his personal file.

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Dated: May 12, 2014

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/smit1713.806

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