Calkins v. Davis School District et al

Filing 26

ORDER ADOPTING 23 , 24 , and 25 REPORTS AND RECOMMENDATIONS re 15 Motion to Dismiss for Failure to State a Claim, 18 Motion to Dismiss for Failure to State a Claim, 21 Motion to Dismiss for Lack of Jurisdiction, 21 Mot ion to Dismiss for Failure to State a Claim - all motions are granted. Dft Melinda Caraballo is dismissed without prejudice. Plaintiff is granted 30 days to amend his claims. Failure to submit an amended complaint within 30 days will result in dismissal of all claims with prejudice and closure of the case. Signed by Judge David Nuffer on 4/13/17 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, NORTHERN DIVISION

ORDER ADOPTING
ANDREW CALKINS,
Plaintiff,

v.

DAVIS SCHOOL DISTRICT, et al.,
Defendants.

[23] REPORT AND
RECOMMENDATION TO DISMISS
CLAIMS AGAINST DEFENDANTS
DAVIS SCHOOL DISTRICT, BECKY
WILLIAMS, AND LAURA BOND;
[24] REPORT AND
RECOMMENDATION TO DISMISS
CLAIMS AGAINST DEFENDANTS
BOUNTIFUL CITY, MATTHEW
COMBS, AND J.C. YNCHAUSTI; AND
[25] REPORT AND
RECOMMENDATION TO DISMISS
CLAIMS AGAINST DEFENDANT
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

Case No. 1:15-cv-00060-DN-EJF
District Judge David Nuffer
Magistrate Judge Evelyn J. Furse

Plaintiff Andrew Calkins, proceeding pro se, filed a complaint against Davis School
District, Becky Williams, Brad Vallace, Laura Bond, Bountiful City, Matthew Combs, J.C.
Ynchausti, U.S. Equal Opportunity Commission, and Melinda Caraballo (“Complaint”). 1

1

Complaint, docket no. 3, filed Apr. 16, 2015.

Defendants Davis School District, Becky Williams, and Laura Bond (collectively,
“School District Defendants”) moved to dismiss the Complaint (“School District Motion”). 2 The
School District Motion explains that “Brad Vallace is also a school district Defendant; but Mr.
Vallace has retired from his employment with the School District, has (on information and
belief) moved out of state, and has not been served, so is not properly before the Court.” 3
Magistrate Judge Furse “RECOMMENDS the District Court dismiss Mr. Calkins’s claims
against Davis School District, Becky Williams, and Laura Bond without prejudice pursuant to
Rule 12(b)(6) and grant Mr. Calkins thirty days to amend.” 4
Defendants Bountiful City, Matthew Combs, and J.C. Ynchausti (collectively, “Bountiful
City Defendants”) also separately moved to dismiss the Complaint (“Bountiful City Motion”). 5
Magistrate Judge Furse “RECOMMENDS the District Court dismiss Mr. Calkins’s claims
against Bountiful City, Matthew Combs, and J.C. Ynchausti without prejudice pursuant to Rule
12(b)(6) and grant Mr. Calkins thirty days to amend.” 6
Defendant U.S. Equal Employment Opportunity Commission (“EEOC”) also separately
moved to dismiss the Complaint (“EEOC Motion”). 7 Magistrate Judge Furse “RECOMMENDS
the Court dismiss Mr. Calkins’s claim against the EEOC.” 8 Magistrate Judge Furse did not

2

Motion to Dismiss (“School District Motion”), docket no. 15, filed July 18, 2016.

3

Id. at 1 n. 1.

4

Report and Recommendation to Dismiss Claims Against Defendants Davis School District, Becky Williams, and
Laura Bond (“23 R&R”) at 8, docket no. 23, filed Mar. 23, 2017.

5

Motion to Dismiss (“Bountiful City Motion”), docket no. 18, filed July 26, 2016.

6

Report and Recommendation to Dismiss Claims Against Defendants Bountiful City, Matthew Combs, and J.C.
Ynchausti (“24 R&R”) at 6, docket no. 24, filed Mar. 24, 2017.

7

Defendant Equal Employment Opportunity Commission’s Motion to Dismiss (“EEOC Motion”), docket no. 21,
filed Aug. 3, 2016.
8

Report and Recommendation to Dismiss Claims Against Defendant Equal Employment Opportunity Commission
(“25 R&R”) at 3, docket no. 25, filed Mar. 24, 2017.

2

specifically make a recommendation about allowing amendment of the claims against the EEOC,
but, like the other recommendations, states that the dismissal should be “without prejudice.” 9
Thus, it is presumed that the recommendation is to allow Mr. Calkins thirty days to amend his
complaint against the EEOC.
The parties were notified of their right to file objections to the Report and
Recommendations within 14 days of service pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P.
72. 10 As of the date of this Order, no objection has been filed to the Report and
Recommendations. Therefore, the analysis and conclusions of the magistrate judge are accepted
and the Report and Recommendations are adopted.
ORDER
IT IS HEREBY ORDERED that the 23 R&R 11 is ADOPTED and the School District
Motion 12 is GRANTED.
IT IS FURTHER ORDERED that the 24 R&R 13 is ADOPTED and the Bountiful City
Motion 14 is GRANTED.
IT IS FURTHER ORDERED that the 25 R&R 15 is ADOPTED and the EEOC Motion 16
is GRANTED.

9

Id. at 1.

10

23 R&R at 9; 24 R&R at 7; 25 R&R at 3.

11

Report and Recommendation to Dismiss Claims Against Defendants Davis School District, Becky Williams, and
Laura Bond (“23 R&R”), docket no. 23, filed Mar. 23, 2017.

12

Motion to Dismiss (“School District Motion”), docket no. 15, filed July 18, 2016.

13

Report and Recommendation to Dismiss Claims Against Defendants Bountiful City, Matthew Combs, and J.C.
Ynchausti (“24 R&R”), docket no. 24, filed Mar. 24, 2017.
14

Motion to Dismiss (“Bountiful City Motion”), docket no. 18, filed July 26, 2016.

15

Report and Recommendation to Dismiss Claims Against Defendant Equal Employment Opportunity Commission
(“25 R&R”), docket no. 25, filed Mar. 24, 2017.
16

Defendant Equal Employment Opportunity Commission’s Motion to Dismiss (“EEOC Motion”), docket no. 21,
filed Aug. 3, 2016.

3

Mr. Calkins’s claims against the School District Defendants, the Bountiful City
Defendants, and the EEOC are dismissed without prejudice pursuant to Rule 12(b)(6).
Additionally, because Mr. Calkins’s Complaint makes no allegations against Melinda Caraballo,
she is dismissed as a party in this lawsuit without prejudice.
Mr. Calkins is granted thirty days to amend his claims. Failure to submit an amended
complaint within thirty days will result in dismissal of all claims with prejudice and closure of
the case.

Dated April 13, 2017.
BY THE COURT:
____________________________
David Nuffer
United States District Judge

4