Evans v. CenturyLink

Filing 22

MEMORANDUM DECISION AND ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS: granting 4 Motion to Dismiss; denying 11 Motion to Amend/Correct; finding as moot 16 Motion to Dismiss for Failure to State a Claim. Signed by Judge David Nuffer on 3/26/13 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
CRESSALYN EVANS,
Plaintiff,

MEMORANDUM DECISION and ORDER
ADOPTING REPORT &
RECOMMENDATION

v.
Case No. 2:12-CV-343-DN-PMW
CENTURY LINK CORPORATION,
Defendant.

District Judge David Nuffer
Magistrate Judge Paul M. Warner

This case was referred to Magistrate Judge Paul M. Warner under
28 U.S.C. § 636(b)(1)(B). 1 On March 8, 2013, Judge Warner issued a Report &
Recommendation (R&R) 2 recommending that this court: (1) DENY Plaintiff Evans’s motion for
leave to amend the original complaint; and (2) GRANT Defendant’s motion to dismiss the
original complaint, and render MOOT Defendant’s motion to dismiss the proposed amended
complaint. 3
The parties were notified of their right to file objections to the R&R within 14 days after
receiving it. 4 No objections to the R&R were filed or received by the court.
The court has conducted a de novo review of the issues and agrees with Judge Warner’s
analysis, conclusions and recommendations. Accordingly, the R&R is adopted as the order of
this court.

1

Order Referring Case, docket no. 8, filed May 22, 2012.

2

Docket no. 21, filed March 8, 2013.

3

Id. at 13.

4

Id.

ORDER
IT IS HEREBY ORDERED that the R&R 5 is ADOPTED as the order of the court.
IT IS FURTHER ORDERED that Evans’s motion to amend the complaint is DENIED, 6
Defendant’s motion to dismiss the original complaint is GRANTED, 7 and Defendant’s motion to
dismiss the amended complaint is MOOT. 8
Signed March 26, 2013.
BY THE COURT

________________________________________
District Judge David Nuffer

5

Docket no. 21.

6

Request to Amend Complaint, docket no. 11 filed May 24, 2012.

7

Motion to Dismiss, docket no. 4, filed April 17, 2012.

8

Motion to Dismiss Amended Complaint, docket no. 16, filed June 11, 2012.

2