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.)

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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

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