Smith v. Limerick

Filing 91

ORDER: Granting 34 Motion to Dismiss for Failure to State a Claim; Granting Motion to Dismiss Case as Frivolous 44 ; Granting Motion to Dismiss Case for Lack of Jurisdiction 53 ; Adopting in its entirety Findings and Recommendation [84 ]. Finally, while the Court does not grant defendant Wilt's request for sanctions related to her court fees, she is advised that she may submit a request for costs pursuant to Fed. R. Civ. P. 54.(See attached PDF for complete details). Signed on 1/16/2020 by Judge Ann L. Aiken. (jkm)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

GWENDOLYN SMITH,

No. 1:17-cv-00712-CL
ORDER

Plaintiff,
V.

JILL LIMERICK, BARBARA WILT, and
JAMES SANSONE,
Defendants.

AIKEN, District Judge:
Magistrate Judge Mark Clarke filed his Findings and Recommendation
("F&R") (doc. 84) recommending that defendants' motions to dismiss (doc. 34, 44, and
53) be GRANTED and the majority of plaintiffs claims in her Second Amended
Complaint be dismissed with prejudice. Magistrate Judge Clarke also recommended
that pl_aintiff should be required to show good cause priC>r to being allowed to file any
further claims against defendants Barbara Wilt and James Sansome.
The case is now before this Court. See 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ.
P. 72(b). Plaintiff has filed timely objections (doc. 90) to the F&R, and defendant
Barbara Wilt also filed timely objections. (doc. 87). No responses were filed be either
party. When either party objects to any portion of a magistrate judge's F&R, the
I-ORDER

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district court must make a de novo determination of that portion of the magistrate
judge's report. See 28 U.S.C. § 636(b)(l); McDonnell Douglas Corp. v. Commodore

Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert denied, 455 U.S.
920 (1982).
Having reviewed the record, the Court finds no error in the F&R. Thus, the
Court adopts Magistrate Judge Clarke's F&R (doc. 84) in its entirety. Accordingly,
defendant's motions (docs. 34, 44, and 53) are GRANTED. Plaintiff shall be allowed
to proceed on her claims for Trespass and Trespass to Chatels against defendant,
Limerick. All claims against defendants Wilt and Sansome are dismissed, with
prejudice. Further, for the reasons expressed in the F&R, plaintiff shall be required
to make a showing of good cause prior to filing any further claims or cases against
defendants Wilt and Sansome in this Court.
Finally, while the Court does not grant defendant Wilt's request for sanctions
related to her court fees, she is advised that she may submit a request for costs
pursuant to Fed. R. Civ. P. 54.
IT IS SO ORDERED.

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Dated this/& day of January 2020.

Ann Aiken
United States District Judge

2-ORDER