Aguilera, et al. v. Rosenberg, et al.
Filing
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ORDER adopting 27 FINDINGS AND RECOMMENDATIONS and granting 23 Motion to Dismiss signed by District Judge John A. Mendez on 3/31/16. CASE CLOSED.(Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHELLE AGUILERA & ELI
AGUILERA,
Plaintiffs,
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No. 2:15-cv-2313-JAM-KJN PS
ORDER
v.
DAVID ROSENBERG & UNIFUND
CCR, LLC,
Defendants.
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On March 14, 2016, the magistrate judge filed findings and recommendations (ECF No.
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27), which were served on the parties and which contained notice that any objections to the
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findings and recommendations were to be filed within fourteen (14) days. On March 28, 2016,
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plaintiffs filed objections to the findings and recommendations (ECF No. 30), which have been
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considered by the court.
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This court reviews de novo those portions of the proposed findings of fact to which an
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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); see also Dawson v. Marshall, 561 F.3d
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930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection
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has been made, the court assumes its correctness and decides the matter on the applicable law.
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See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s
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conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d
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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 findings and recommendations in full. Accordingly,
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IT IS HEREBY ORDERED that:
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1. The findings and recommendations (ECF No. 27) are ADOPTED.
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2. Defendants’ motion to dismiss (ECF No. 23) is GRANTED.
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3. The first amended complaint is DISMISSED WITHOUT LEAVE TO AMEND.
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4. The Clerk of Court shall close this case.
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IT IS SO ORDERED.
DATED: March 31, 2016
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/s/ John A. Mendez_______________________
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UNITED STATES DISTRICT COURT JUDGE
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