Hernandez v. FedEx Freight, Inc. et al

Filing 33

OPINION AND ORDER by Judge Anna J. Brown Granting in Part Denying in Part Defendant's Motion 10 to Dismiss for Failure to State a Claim. See order for details. (jy)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MICHAEL HERNANDEZ, 2:16-cv-01495-SU Plaintiff, OPINION AND ORDER v. FEDEX FREIGHT, INC., TOM MELDER, ROB JASPER, and CHRISTY TAYMAN, Defendants. BROWN, Judge. Magistrate Judge Patricia Sullivan issued Findings and Recommendation (#31) on June 12, 2017, in which she recommends this Court grant in part and deny in part the Motion (#10) to Dismiss filed by Defendants as follows: deny the Motion as to Defendant Rob Jasper, grant the Motion as to Defendants Tom Melder and Christy Tayman, and dismiss Plaintiff’s claims against Melder and Tayman without prejudice. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule 1 - OPINION AND ORDER of Civil Procedure 72(b). Because no objections to the Magistrate Judge’s Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. 561 F.3d 930, 932 (9th Cir. 2009). See Dawson v. Marshall, See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). Having reviewed the legal principles de novo, the Court does not find any error. CONCLUSION The Court ADOPTS Magistrate Judge Sullivan’s Findings and Recommendation (#10). Accordingly, the Court GRANTS in part and DENIES in part Defendants’ Motion (#10) to Dismiss as follows: 1. DENIES Defendants’ Motion to Dismiss Plaintiff’s Ninth Claim as to Defendant Jasper on the ground that Plaintiff has pled sufficient facts to state a plausible claim against him and 2. GRANTS Defendants’ Motion to Dismiss Plaintiff’s Ninth Claim as to Defendants Medler and Tayman on the ground that Plaintiff has failed to plead sufficient facts to state a plausible claim, DISMISSES that Claim without prejudice, and 2 - OPINION AND ORDER GRANTS Plaintiff leave to replead as to Defendants Medler and Tayman. IT IS SO ORDERED. DATED this 21st day of July, 2017. /s/ Anna J. Brown ANNA J. BROWN United States District Judge 3 - OPINION AND ORDER

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