Wolpert v. Disney ABC Broadcasting Corporation et al

Filing 22

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/2/20 ADOPTING 19 Findings and Recommendations. Plaintiff's second amended complaint 18 is dismissed without leave to amend, and the Clerk is directed to close the case. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ALEXANDER WOLPERT,

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No. 2:18-cv-299-KJM-EFB PS

Plaintiff,
v.

ORDER

DISNEY ABC BROADCASTING
CORPORATION, NBC CORPORATION,
Defendants.

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On August 6, 2020, the magistrate judge filed findings and recommendations, which were

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

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recommendations were to be filed within fourteen days. Plaintiff filed objections on August 20,

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2020, and they were considered by the undersigned.

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

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

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findings and recommendations to be supported by the record and by the proper analysis.

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This court reviews de novo those portions of the proposed findings of fact to which

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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981). As to any portion of the proposed

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findings of fact to which no objection has been made, the court assumes its correctness and
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decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th

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Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi

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Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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The court has reviewed the applicable legal standards and, good cause appearing,
concludes that it is appropriate to adopt the Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The Findings and Recommendations filed August 6, 2020, are adopted; and

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2. Plaintiff’s second amended complaint (ECF No. 18) is dismissed without leave to

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amend, and the Clerk is directed to close the case.
DATED: October 2, 2020.

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