Warnick v. Cooley et al

Filing 48

ORDER ADOPTING 47 REPORT AND RECOMMENDATIONS: granting 39 Motion for Leave to File Amended Complaint; denying 32 Motion to Strike and 33 Motion to Strike; finding as moot 21 Motion to Dismiss for Failure to State a Claim and 22 Motion to Dismiss; Plaintiff's amended complaint is allowed to stand and is deemed filed as of the date of this Order. Signed by Judge David Nuffer on 4/22/15 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
SILVAN WARNICK,

ORDER ADOPTING REPORT AND
RECOMMENDATION
Plaintiff,

v.

Case No. 2:14-cv-00186

BRADFORD COOLEY, ROBIN WILKINS,
DANIEL HERBOLDSHEIMER, ETHAN
RAMPTON, and MARK KNIGHTON,

District Judge David Nuffer
Magistrate Judge Paul M. Warner

Defendants.
The Report and Recommendation 1 issued by United States Magistrate Judge Paul M.
Warner on March 31, 2015 recommends that (1) Plaintiff’s motion for leave to file an amended
complaint be GRANTED; (2) Defendants’ motions to strike be DENIED; (3) Plaintiff’s amended
complaint be allowed to stand and deemed filed as of the date of this Order; and (4) Defendant’s
motions to dismiss Plaintiff’s original complaint be deemed moot. 2
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of service pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72.
As of the date of this Order, no objection has been filed to the Report and Recommendation.
De novo review of all materials, including the record that was before the magistrate judge
and the reasoning set forth in the Report and Recommendation, has been completed. The
analysis and conclusion of the magistrate judge are correct and the Report and Recommendation
will be adopted.

1

Report and Recommendation, docket no. 47, entered March 31, 2015.

2

Id. at 5-6.

IT IS HEREBY ORDERED that the Report and Recommendation 3 is ADOPTED.
Accordingly, (1) Plaintiff’s motion for leave to file an amended complaint is GRANTED; (2)
Defendants’ motions to strike is DENIED; (3) Plaintiff’s amended complaint is allowed to stand
and is deemed filed as of the date of this Order; and (4) Defendant’s motions to dismiss
Plaintiff’s original complaint are deemed MOOT.

Dated April 22, 2015.
BY THE COURT:
____________________________
David Nuffer
United States District Judge

3

Report and Recommendation, docket no. 47, entered March 31, 2015.

2