Coats v. State of Utah et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; adopting Report and Recommendations re 33 Report and Recommendations ; granting 9 Motion to Dismiss ; finding as moot 14 Motion for Extension of Time to Complete Discovery ; finding as moot 22 Motion to Stay ; finding as moot 24 Motion to Compel. Case Closed. Magistrate Judge Evelyn J. Furse no longer assigned to case. Signed by Judge Dee Benson on 04/15/2013. (asp)

ZUl] APR 15 A

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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

DIST;:,; :

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UTMI

BECKY L. COATS
Plaintiff,

ORDER ADOPTING REPORT AND

RECOMMENDATION

vs.

STATE OF UTAH DEPARTMENT OF
WORKFORCE SERVICES

Case No.2: l1-CV-0755

Defendant,

Before the court is the Report and Recommendation issued by United States Magistrate
Judge Evelyn Furse on March 25,2013, recommending that the district court grant defendant's
motion to dismiss (Dkt. No. 14) with prejudice because the court lacks subject matter jurisdiction
pursuant to defendant's Eleventh Amendment immunity. (Dkt. No. 33.)
The parties were notified of their right to file objections to the Report and
Recommendation within fourteen (14) days after receiving it. On April 4, 2013, plaintiff filed an
objection to the Report and Recommendation. (Dkt. No. 36.) No other objections were filed.
Having reviewed the relevant materials and the reasoning set forth in the magistrate
judge's Report and Recommendation, the court agrees with the analysis and conclusion of the
magistrate judge, notwithstanding plaintiff's objection.

Accordingly, the court ADOPTS the Report and Recommendation and orders that
defendant's motion to dismiss be GRANTED. Plaintiffs complaint is therefore DISMISSED
with prejudice. In light of the present order, the court finds that the parties' other pending
motions (Dkt. Nos. 14,22, and 24) are moot.
IT IS SO ORDERED.

DATED this

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April, 2013