(PS) Ortiz et al v. Gatestone & Co. International, Inc.

Filing 17

ORDER signed by District Judge John A. Mendez on 10/3/2019 ADOPTING 15 Findings and Recommendations. Defendant's 3 Motion to Dismiss is GRANTED and plaintiffs' complaint is DISMISSED for failure to comply with Rule 8 and for failure to state a claim. Plaintiffs are GRANTED thirty days from the date of this order to file an amended complaint as provided in the magistrate judge's findings and recommendations. Plaintiffs' 7 motion for default judgment and/or summary judgment is DENIED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREW R. ORTIZ; RENE ORTIZ, AS
TRUSTEE FOR ANDREW R. ORTIZ,
Plaintiffs,

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No. 2:18-cv-2479-JAM-EFB PS

ORDER
v.
GATESTONE & CO. INTERNATIONAL,
INC.,
Defendant.

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On August 8, 2019, 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. Plaintiffs filed a document on

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August 22, 2019, which has been considered by the undersigned.

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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), cert. denied, 455 U.S. 920 (1982). As

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to any portion of the proposed findings of fact to which no objection has been made, the court

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assumes its correctness and decides the motions on the applicable law. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi 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,

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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 August 8, 2019, are adopted;

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2. Defendant’s motion to dismiss (ECF No. 3) is granted and plaintiffs’ complaint is

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dismissed for failure to comply with Rule 8 and for failure to state a claim;

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3. Plaintiffs are granted thirty days from the date of this order to file an amended
complaint as provided in the magistrate judge’s findings and recommendations; and

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4. Plaintiffs’ motion for default judgment and/or summary judgment (ECF No. 7) is
denied.

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Dated: October 3, 2019

/s/ John A. Mendez
HONORABLE JOHN A. MENDEZ
United States District Court Judge

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