Thompson v C&H Sugar Company, Inc.

Filing 19

ORDER signed by Chief Judge Morrison C. England, Jr. on 3/27/2015 PROPOSED FINDINGS AND RECOMMENDATIONS 17 are ADOPTED; Defendant's 12 Motion to Dismiss is GRANTED; Plaintiff's claims for violation of the 2009 and 2012 collective bargai ning agreements are DISMISSED without leave to amend; Plaintiff's claims for violation of the 2006 for failure to pay a $100 monthly benefit credit are DISMISSED without leave to amend; Any other claim for violation of the 2006 agreement are DISMISSED with leave to amend; and Plaintiff is GRANTED 30 days from the date of service of this order to file a first amended compliant as provided herein. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIE MAE THOMPSON,

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No. 2:13-cv-1869-MCE-EFB PS

Plaintiff,
v.

ORDER

C&H SUGAR COMPANY, INC.,
Defendant.

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On March 3, 2015, 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. 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 March 3, 2015, are ADOPTED;

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2. Defendant’s motion to dismiss, ECF No. 12, is granted;

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3. Plaintiff’s claims for violation of the 2009 and 2012 collective bargaining agreements

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are dismissed without leave to amend;
4. Plaintiff’s claims for violation of the 2006 for failure to pay a $100 monthly benefit
credit are dismissed without leave to amend;

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5. Any other claim for violation of the 2006 agreement are dismissed with leave to
amend; and

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

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amended compliant as provided herein. The first amended complaint must bear the docket

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number assigned to this case and must be labeled “First Amended Complaint.” Failure to timely

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file an amended complaint will result in a recommendation that this action be dismissed for

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failure to prosecution under Rule 41(b).

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Dated: March 27, 2015

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