Merritt v. Yavone LLC et al

Filing 52

ORDER: Adopting Judge Coffin's Findings and Recommendation 48 . Granting in Part Denying in Part Motions to Dismiss for Failure to State a Claim 32 and 33 . Signed on 12/15/2015 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
KASSIE MERRITT, individually and on
Behalf of all others similarly situated,
Case No. 6:15-cv-0269-TC
Plaintiff,

ORDER

v.
YAVONE, LLC, a California limited
liability company, HEALTHY CHOICE
LABS, LLC, a Nevada limited liability
Company, and GLOBAL PRO SYSTEM,
INC., a Nevada corporation,
Defendants.
_____________________________
MCSHANE, Judge:
Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation (ECF No.
48), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b).
Defendants filed objections to the Findings and Recommendation. Accordingly, I have reviewed
the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v.

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Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I conclude the report is
correct.
I adopt the Findings and Recommendation (ECF No. 48). Defendants’ motions to
dismiss, ECF No. 32 and 33, are GRANTED in part. Plaintiff’s claim under § 1693e of the
Electronic Funds Transfer Act is dismissed. The motions are DENIED as to the other claims.
IT IS SO ORDERED.

DATED this 15th day of December, 2015.

_____/s/ Michael J. McShane_____
Michael J. McShane
United States District Judge

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