Smith v. Lowe's HIW, Inc.

Filing 42

ORDER signed by Senior Judge William B. Shubb on 10/23/2014 ADOPTING IN FULL 40 Findings and Recommendations; GRANTING 35 Motion to Dismiss; GRANTING the plaintiff leave to amend his complaint. (Michel, G)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BRIEN EDWARD SMITH,

12

Plaintiff,

13
14

v.

No. 2:13-cv-1713 WBS AC

ORDER

LOWE’S HIW, INC.,

15

Defendant.

16
17
18
19

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 September 11, 2014, the magistrate judge filed findings and recommendations herein

20

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

21

the findings and recommendations were to be filed within fourteen days. (ECF No. 40.)

22

Defendants have filed objections to the findings and recommendations. (ECF No. 41.)

23

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

24

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

25

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

26

analysis.

27

Accordingly, IT IS HEREBY ORDERED that:

28

1. The findings and recommendations filed September 11, 2014, (ECF No. 40) are
1

1

adopted in full;

2

2. Defendant’s June 16, 2014, motion to dismiss (ECF No. 35) is granted; and

3

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

4

the allegedly defamatory statements included in his personnel file and Mr. Vipond’s statement to

5

defendant’s management team.

6

Dated: October 23, 2014

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2