Hunt v. Team Performance, Inc. et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 31 Report and Recommendations; denying 25 Renewed Motion to Dismiss. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

DAVID P. HUNT, Plaintiff, vs. TEAM PERFORMANCE, INC., et al, Defendants.

) ) ) Case No. CV08-69-S-EJL ) ) ORDER ON REPORT AND ) RECOMMENDATION ) ) ) )

On May 18, 2009, United States Chief Magistrate Judge Candy W. Dale issued a Report and Recommendation, recommending that Defendants' renewed motion to dismiss be denied. Any party may challenge a Magistrate Judge's proposed recommendation by filing written objections within ten days after being served with a copy of the magistrate's Report and Recommendation. 28 U.S.C. § 636(b)(1)(C). The district court must then "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. The district court may accept, reject, or modify in whole or in part, the findings and recommendations made by the magistrate. Id.; see also Fed. R. Civ. P. 72(b). No objections to the report and recommendation were filed. The Court has reviewed the report and recommendation, the parties' briefing on the motions, briefing, and the entire record in these matters. Based upon this review, the Court finds the report and recommendation has correctly decided the motions. ORDER Having conducted a de novo review of the Report and Recommendation, this Court finds that Chief Magistrate Judge Dale's Report and Recommendation (Dkt. No. 31) is well founded in law and consistent with this Court's own view of the evidence in the record. Acting on the recommendation of Chief Magistrate Judge Dale, and this Court being fully advised in the premises, ORDER - Page 1
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IT IS HEREBY ORDERED that the Report and Recommendation entered on May 18, 2009, (Dkt. No. 31), should be, and is hereby, INCORPORATED by reference and ADOPTED in its entirety. IT IS FURTHER ORDERED that Defendants' Renewed Motion to Dismiss (Dkt. No. 25) is DENIED. DATED: July 8, 2009

Honorable Edward J. Lodge U. S. District Judge

ORDER - Page 2
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