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)

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