Walters v. Vitamin Shoppe Industries, Inc.

Filing 76

ORDER: Adopting the Magistrate's Findings and Recommendation 74 . Defendants Motion to Dismiss and Strike 60 is Granted in Part and Denied in Part as follows: The Court Grants without prejudice Defendant's Motion to Strik e Plaintiff's nationwide class-action allegations and the Court Denies Defendant's Motion to Dismiss Plaintiff's claim for prospective injunctive relief. The Court returns this matter to the Magistrate Judge for further handling. Signed on 5/29/18 by Judge Anna J. Brown. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

LEE WALTERS, M.D.,
3:14-CV-01173-PK
Plaintiff,
ORDER
v.
VITAMIN SHOPPE INDUSTRIES,
INC.
Defendant.

BROWN, Senior Judge.
Magistrate Judge Paul Papak issued Findings and
Recommendation (#74) on May 8, 2018, in which he recommends this
Court grant in part and deny in part Defendant Vitamin Shoppe
Industries, Inc.’s Motion (#60) to Dismiss and Strike Nationwide
Class Claims and Allegations.

The matter is now before this

Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule 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
1 - ORDER

obligation to review the record de novo. See Decker v. Berryhill,
856 F.3d 659, 663 (9th Cir. 2017).

Having reviewed the legal

principles de novo, the Court does not find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings and
Recommendation (#74) and, accordingly, GRANTS in part and DENIES
in part Defendant’s Motion (#60) to Dismiss and Strike as
follows: The Court GRANTS without prejudice Defendant’s Motion to
Strike Plaintiff’s nationwide class-action allegations and the
Court DENIES Defendant’s Motion to Dismiss Plaintiff’s claim for
prospective injunctive relief.

The Court returns this matter to

the Magistrate Judge for further handling.
IT IS SO ORDERED.
DATED this 29th day of May, 2018.
/s/ Anna J. Brown
ANNA J. BROWN
United States Senior District Judge

2 - ORDER