Burgett v. Delta Air Lines

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 17 Report and Recommendations. granting 8 Motion to Dismiss for Failure to State a Claim. Mr. Burgett's claims are dismissed with prejudice. Signed by Judge Robert J. Shelby on 3/10/2015. (las)

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

BARBARA BURGETT,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
DELTA AIRLINES, INC.,
Case No. 2:14-CV-00313
Defendant.
Judge Robert J. Shelby
This case has been referred to Magistrate Judge Dustin Pead pursuant to 28 U.S.C. §
626(b)(1)(B). Plaintiff Barbara Burgett shipped live dogs via Defendant Delta Airlines from
Budapest, Hungary to Salt Lake City, Utah in April 2008. Ms. Burgett brought suit for, among
other things, breach of contract, deceptive advertising and consumer sale practices, failure to
disclose, breach of good faith and fair dealing, and pain and suffering. Delta moved to dismiss
Ms. Burgett’s Complaint for failure to state a claim upon which relief may be granted. Fed. R.
Civ. P. 12(b)(6).
Judge Pead issued a Report & Recommendation on February 10, 2015. (Dkt. 17.) Judge
Pead recommended the court grant Delta’s Motion to Dismiss. Neither party submitted an
objection to the Report & Recommendation within the allotted time frame.1 In the absence of an
objection, the court may apply a “clearly erroneous” standard. Under this standard, the court

1

Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b).

“will affirm the Magistrate Judge’s ruling unless [the court] . . . is left with the definite and firm
conviction that a mistake has been committed.”2
After reviewing the briefing, record, and relevant legal authorities, the court concludes
that Judge Pead did not err in his analysis. The court therefore ADOPTS the Recommendation
and GRANTS Delta’s Motion. (Dkt. 8.) Ms. Burgett’s claims are dismissed with prejudice, and
the Clerk of Court is directed to close the case.
SO ORDERED this 10th day of March, 2015.
BY THE COURT:

__________________________
ROBERT J. SHELBY
United States District Judge

2

Thompson v. Astrue, 2010 WL 1944779, at *1 (D. Utah May 11, 2010) (internal quotation marks and citations
omitted).