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)

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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

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