Zamudio et al v. FMC Corporation

Filing 110

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/20/2023 RECOMMENDING that this action 1 Complaint, 8 Amended Complaint be dismissed with prejudice and the case be closed. These Findings and Recommendations are submitted to U.S. District Judge Dale A. Drozd; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAUL ZAMUDIO and SOLEDAD
ZAMUDIO,

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Plaintiffs,

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No. 2:16-cv-2693 DAD DB PS

FINDINGS AND RECOMMENDATIONS

v.
FMC CORPORATION,

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Defendant.

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Plaintiffs Raul Zamudio and Soledad Zamudio are proceeding in this action pro se. This

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matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. §

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636(b)(1). On September 6, 2023, defendant filed a request for dismissal of this action with

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prejudice asserting that the parties have “reached a full and final settlement of all claims[.]” (ECF

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No. 108 at 1.) Attached to defendant’s request was a copy of a signed settlement agreement

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between the parties. (Id. at 4-13.)
On September 7, 2023, the undersigned issued an order, ordering plaintiffs to file an

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opposition to defendant’s request to dismiss, if any, within fourteen days. (ECF No. 109.) The

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fourteen-day period has passed and neither plaintiff has filed an opposition to defendant’s request.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed with
prejudice and the case be closed.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections

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shall be served and filed within fourteen days after service of the objections. The parties are

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advised that failure to file objections within the specified time may waive the right to appeal the

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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: October 20, 2023

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:6
DB\orders\orders.pro se\zamudio2693.dism.f&rs

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