Nails v. 24 Hour Fitness USA, Inc.
Filing
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ORDER adopting 22 FINDINGS AND RECOMMENDATIONS and granting 3 Motion to Dismiss signed by District Judge Morrison C. England, Jr on 2/7/17: Plaintiff is granted thirty days from the date of service of this order to file an amended complaint. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANGELA NAILS,
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No. 2:16-cv-00688-MCE-EFB PS
Plaintiff,
v.
ORDER
24 HOUR FITNESS CENTER,
Defendant.
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On December 20, 2016, the magistrate judge filed findings and recommendations herein
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which were served on the parties and which contained notice that any objections to the findings
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and 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 December 20, 2016, are
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ADOPTED;
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2. Defendant’s motion to dismiss (ECF No. 3) is granted; and
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3. Plaintiff is granted thirty days from the date of service of this order to file an amended
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complaint. The amended complaint must bear the docket number assigned to this case
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and must be labeled “First Amended Complaint.” Plaintiff is admonished that failure
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to timely file an amended complaint will result in a recommendation by the magistrate
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judge that this action be dismissed.
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IT IS SO ORDERED.
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Dated: February 7, 2017
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