Ortiz v. Enhanced Recovery Company

Filing 112

ORDER signed by Chief District Judge Kimberly J. Mueller on 2/12/2020 ADOPTING in full 109 Findings and Recommendations and GRANTING 70 defendants' Motion for Summary Judgment. Judgment is entered for defendants Enhanced Recovery Company, Kirk Moquin and Marty Sarim. All other defendants are DISMISSED without prejudice. CASE CLOSED (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RENE ORTIZ, 12 13 14 No. 2:17-cv-0607 KJM DB PS Plaintiff, v. ORDER ENHANCED RECOVERY COMPANY, 15 Defendant. 16 17 18 19 Plaintiff is proceeding in this action pro se. The matter was referred to a United States Magistrate Judge as provided by Local Rule 302(c)(21). On December 17, 2019, the magistrate judge filed findings and recommendations, which 20 were served on all parties and which contained notice to all parties that any objections to the 21 findings and recommendations were to be filed within fourteen days after service of the findings 22 and recommendations. Plaintiff has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 25 findings and recommendations to be supported by the record and by the proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The findings and recommendations filed December 17, 2019 (ECF No. 109) are 28 adopted in full; 1 1 2. Defendants’ April 23, 2019 motion for summary judgment (ECF No. 70) is granted; 2 3. Judgment is entered for defendant Enhanced Recovery Company, defendant Kirk 3 Moquin, and defendant Marty Sarim; 4 4. All other defendants are dismissed without prejudice; and 5 5. This action is closed. 6 DATED: February 12, 2020. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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