Talk Radio Network Enterprises, LLC et al v. Cumulus Media, Inc. et al

Filing 42

ORDER: Granting Motion to Dismiss 32 ; Adopting Findings and Recommendation 38 . The Court ADOPTS the Findings and Recommendation 38 .Defendants' Motion to Dismiss 32 is GRANTED. Plaintiffs' first, second, third, fourth, fif th, sixth, and twelfth claims are DISMISSED with prejudice. Plaintiffs' seventh, eighth, ninth, tenth, eleventh, fourteenth, and fifteenth claims are dismissed with leave to amend. Plaintiffs' have withdrawn their thirteenth claim. If Plain tiffs wish to file an amended complaint, they must do so within thirty (30) days of the date of this Order. Failure to file an amended complaint within the allotted time will result in the entry of a judgment of dismissal. Signed on 11/9/2016 by Judge Ann L. Aiken. (rr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
TALK RADIO NETWORK ENTERPRISES
et al.,
1:16-cv-00609-CL
Plaintiffs,

v.
ORDER

CUMULUS MEDIA INC., et al.,
Defendants.

AIKEN, District Judge:
On September 13, 2016, Magistrate Judge Mark D. Clarke filed a
Findings and Recommendation (#38), and the matter is now before this
Court.

See 28 U.S.C. § 636(b) (1) (B), Fed. R. Civ. P. 72{b).

Plaintiffs have filed Objections (#40), Defendants have responded to

1

- ORDER

Plaintiffs' Objections (#41) and I have reviewed the file of this case
de nova. 28 U.S.C. § 636{b} (1); McDonnell Douglas Corp. v. Commodore
Bus. Mach.,

Inc., 656 F.2d 1309, 1313 {9th Cir. 1981).

I have given this matter de nova review. I find no error.
Accordingly, I ADOPT the Findings and Recommendation (#38).
Defendants' Motion to Dismiss (#12) is GRANTED.

Plaintiffs' first,

second, third, fourth, fifth, sixth, and twelfth claims are DISMISSED
with prejudice. Plaintiffs' seventh, eighth, ninth, tenth, eleventh,
fourteenth, and fifteenth claims are dismissed with leave to amend.
Plaintiffs' have withdrawn their thirteenth claim.
If Plaintiffs wish to file an amended complaint, they must do so
within thirty (30) days of the date of this Order.

Failure to file

an amended complaint within the allotted time will result in the entry
of a judgment of dismissal.
It is so ORDERED and DATED this

Cf~ay

ANN AIKEN
U.S. DISTRICT JUDGE

2 - ORDER

of November, 2016.