Leskinen v. The United States Department of Agriculture et al

Filing 28

ORDER ADOPTING 20 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 09/13/18 GRANTING IN PART 11 Motion to Dismiss; all claims and Defendants are DISMISSED WITHOUT LEAVE TO AMEND, except Plaintiff's Title VII claim against Defendant Sonny Perdue, in his official capacity as the Secretary of the USDA, shall proceed; Defendant Perdue shall answer the complaint as narrowed within 21 days; DENYING 13 Motion for Preliminary Injunction. (Benson, 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 LAURA LESKINEN, 12 13 14 15 16 No. 2:18-cv-453-TLN-KJN Plaintiff, v. ORDER UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Defendants. 17 18 On June 14, 2018, the magistrate judge filed findings and recommendations (ECF No. 20), 19 which were served on the parties and which contained notice that any objections to the findings 20 and recommendations were to be filed within fourteen (14) days. On June 27, 2018, Plaintiff 21 filed objections to the findings and recommendations (ECF No. 22), and on July 13, 2018, 22 Defendants filed a response to those objections, all of which have been considered by the Court. 23 This Court reviews de novo those portions of the proposed findings of fact to which an 24 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 25 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d 26 930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection 27 has been made, the Court assumes its correctness and decides the matter on the applicable law. 28 See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s 1 1 conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 2 452, 454 (9th Cir. 1983). 3 The Court has reviewed the applicable legal standards and, good cause appearing, 4 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 5 IT IS HEREBY ORDERED that: 6 1. The findings and recommendations (ECF No. 20) are ADOPTED IN FULL. 7 2. Defendants’ motion to dismiss (ECF No. 11) is GRANTED IN PART. 8 3. All claims and Defendants are DISMISSED WITHOUT LEAVE TO AMEND, except 9 10 11 12 13 that Plaintiff’s Title VII claim against Defendant Sonny Perdue, in his official capacity as the Secretary of the USDA, shall proceed. 4. Defendant Perdue shall answer the complaint as narrowed within twenty-one (21) days of this Order. 5. Plaintiff’s motion for preliminary relief (ECF No. 13) is DENIED. 14 15 Dated: September 13, 2018 16 17 18 19 Troy L. Nunley United States District Judge 20 21 22 23 24 25 26 27 28 2

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