Ordonez v. Canyons School District

Filing 126

MEMORANDUM DECISION AND ORDER ADOPTING 122 REPORT AND RECOMMENDATIONS and granting Defendant's 96 Motion for Summary Judgment. Signed by Judge Dale A. Kimball on 8/1/2018. (eat)

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

SONIA ORDONEZ,
Plaintiff,

ORDER AFFIRMING & ADOPTING
REPORT & RECOMMENDATION

v.
Case No. 2:13CV245DAK
CANYONS SCHOOL DISTRICT,
Judge Dale A. Kimball
Defendant.

This case was referred to Magistrate Judge Evelyn Furse under 28 U.S.C. § 636(b)(1)(B).
On June 28, 2018, Magistrate Judge Furse issued a Report and Recommendation, recommending
that Defendant’s Motion for Summary Judgment be granted based on judicial estoppel. The
court granted Plaintiff an extension to file her objections to Magistrate Judge Furse’s Report and
Recommendation, and Plaintiff filed her objection on July 27, 2018.
A Magistrate Judge’s Report and Recommendation is subject to de novo review by this
court. See 28 U.S.C. § 636(b)(1)(B); see also Fed. R. Civ. P. 72(b). After conducting a de novo
review of the record with respect to the motion and considering Plaintiff’s objections to the
Report and Recommendation, the court finds no basis for reversing or modifying the Report and
Recommendation. Defendant’s motion for summary judgment is granted for the reasons set forth
in Magistrate Judge Furse’s Report and Recommendation. None of Plaintiff’s arguments or

additional evidence changes the applicable legal analysis. Plaintiff claims that her failure to
disclose this case in her bankruptcy was a mistake, but the Report and Recommendation explains
why that argument is not credible. Plaintiff did not disclose the case until the court raised the
issue. Therefore, Magistrate Judge Furse’s June 28, 2018 Report and Recommendation is hereby
affirmed and adopted in its entirety as the Order of this court. Accordingly, Defendant’s Motion
for Summary Judgment is GRANTED.
DATED this 1st day of August, 2018.
BY THE COURT:

DALE A. KIMBALL
United States District Judge

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