Khan v. Barela et al

Filing 137

ORDER ADOPTING 136 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez; DENYING 123 Motion to Dismiss for Failure to State a Claim filed by Aramark Corporation. IT IS FURTHER ORDERED that Defendant Aramark's Motion to Dismiss [Doc. 123 ] is DENIED. IT IS FURTHER ORDERED that Defendant Aramark file a responsive pleading within 14 days of the issuance of this Order. See Fed. R. Civ. P. 12(a)(4)(A). (gr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ERIK KHAN,
Plaintiff,
v.

No. 15-cv-1151 MV/SMV

CHRIS BARELA, BOARD OF COUNTY
COMMISSIONERS OF DOÑA ANA COUNTY,
ARAMARK CORPORATION,
BILL STICKLES, and DAVID BEAM,
Defendants.1
ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION AND
DENYING DEFENDANT ARAMARK’S MOTION TO DISMISS
THIS MATTER is before the Court on the Magistrate Judge’s Proposed Findings and
Recommended Disposition (“PF&RD”) [Doc. 136], filed on January 12, 2021. On reference by
the undersigned, [Doc. 13], the Honorable Stephan M. Vidmar, United States Magistrate Judge,
recommended that Defendant Aramark’s Motion to Dismiss [Doc. 123] be denied, and notified the
parties of their right to object within 14 days of the recommendation. No party has objected to the
PF&RD, and the 14-day objection deadline has passed.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Magistrate
Judge’s Proposed Findings and Recommended Disposition [Doc. 136] are ADOPTED.

1

This caption reflects the Defendants listed in the Third Amended Complaint, except that Plaintiff substituted
Defendant David Beam for the John Doe Defendant on June 24, 2020. [Docs. 100, 109]. Moreover, Defendants
Bill Stickles and David Beam were dismissed as parties on November 6, 2020. [Doc. 133]. Finally, in its Motion to
Dismiss, Defendant Aramark states that its proper name is “Aramark Correctional Services, LLC.” [Doc. 123].

IT IS FURTHER ORDERED that Defendant Aramark’s Motion to Dismiss [Doc. 123]
is DENIED.
IT IS FURTHER ORDERED that Defendant Aramark file a responsive pleading within
14 days of the issuance of this Order. See Fed. R. Civ. P. 12(a)(4)(A).
IT IS SO ORDERED.

______________________________
MARTHA VÁZQUEZ
United States District Judge

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