Van den Heuvel v. Expedia Travel et al

Filing 52

ORDER ADOPTING 48 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez on 08/03/17 ORDERING that defendant's 36 Motion to Dismiss is DENIED. (Benson, A.)

1

UNITED STATES DISTRICT COURT

2

FOR THE EASTERN DISTRICT OF CALIFORNIA

3
4

JEAN MARC VAN DEN HEUVEL,

5

Plaintiff,

6
7

No. 2:16-cv-0567 JAM AC (PS)

v.

ORDER

EXPEDIA TRAVEL, et al.,

8

Defendants.

9
Plaintiff is proceeding in this action in pro per. The matter was referred to a United States

10
11

Magistrate Judge pursuant to Local Rule 302(c)(21).
On June 2, 2017, the magistrate judge filed findings and recommendations herein which

12
13

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

14

findings and recommendations were to be filed within twenty one days. ECF No. 48. Defendant

15

Expedia Travel (“Expedia”) has filed objections to the findings and recommendations. ECF No.

16

51.

17

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

18

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

19

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

20

analysis.

21

Accordingly, IT IS HEREBY ORDERED that:

22

1. The findings and recommendations filed June 2, 2017 are adopted in full; and

23

2. Defendant’s motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), or in the alternative

24

pursuant to Fed. R. Civ. P. 12(b)(5), is denied.

25

DATED: August 3, 2017

26

John A. Mendez_______________ __________

27

UNITED STATES DISTRICT COURT JUDGE

28
1