Martin v. American Automobile Association of Northern California Nevada and Utah et al

Filing 20

ORDER signed by District Judge Troy L. Nunley on 7/22/2016 ADOPTING 17 Findings and Recommendations and GRANTING 6 Motion to Dismiss as follows: Plaintiff's claims for breach of contract, violation of 42 U.S.C. § 1981, and intention al infliction of emotional distress are DISMISSED with leave to amend; Plaintiff's claims for violation of 42 U.S.C. §§ 1982, 1983, 28 U.S.C. § 1343, and punitive damages are DISMISSED without leave to amend. As Plaintiff filed her amended complaint on 7/15/2016, the portion of the magistrate judge's recommendation that Plaintiff be granted 30 days to file an amended complaint is NOT ADOPTED as moot. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RENEE’ L. MARTIN,

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No. 2:15-cv-2496-TLN-EFB PS

Plaintiff,
v.

ORDER

AMERICAN AUTOMOBILE
ASSOCIATION OF NORTHERN
CALIFORNIA NEVADA AND UTAH, et
al.,
Defendants.

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On June 15, 2016, 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 June 15, 2016, are ADOPTED;

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2. Defendant’s motion to dismiss (ECF No. 6) is granted as follows:

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a. Plaintiff’s claims for breach of contract, violation of 42 U.S.C. § 1981, and
intentional infliction of emotional distress are dismissed with leave to amend.

b. Plaintiff’s claims for violation of 42 U.S.C. §§ 1982, 1983, 28 U.S.C. § 1343,

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and punitive damages are dismissed without leave to amend.
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As Plaintiff filed her amended complaint on July 15, 2016, the portion of the

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magistrate judge’s recommendation that Plaintiff be granted thirty days to file an

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amended complaint is not adopted as moot.

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Dated: July 22, 2016

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Troy L. Nunley
United States District Judge

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