Merriam v. Peak Restaurant Partners et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 9 Motion to Dismiss for Failure to State a Claim ; adopting Report and Recommendations re 14 Report and Recommendations. Plaintiffs First and Second Claims for Relief as to Ro bert Tomlinson, Claudia Orozco, and Kathleen Zarit are DISMISSED with prejudice. Plaintiffs Third, Fourth, and Fifth Claims as to all Defendants are DISMISSED without prejudice. Plaintiff shall have fourteen (14) days in which to file her Amended Complaint. Failure to do so will result in dismissal of this case. Signed by Judge Dee Benson on 2/5/16. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
SHERILYNN MERRIAM,

ORDER ADOPTING REPORT AND
RECOMMENDATION

Plaintiff,
v.
PEAK RESTAURANT PARTNERS,
ROBERT TOMLINSON, CLAUDIA
OROZCO, and KATHLEEN ZARIT,
Defendants.

Case No. 2:15-cv-00032-DB-EJF
District Judge Dee Benson
Magistrate Judge Evelyn J. Furse

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Evelyn J. Furse on January 19, 2016, recommending: (1) the District Court dismiss with
prejudice Plaintiff’s First and Second Claims against the individual Defendants, on which both
parties agree and (2) the District Court dismiss without prejudice Plaintiff’s Third, Fourth, and
Fifth Claims against all Defendants and grant Plaintiff leave to amend her complaint. (Dkt. No.
14.) The parties were notified of their right to file objections to the Report and Recommendation
within fourteen (14) days after receiving it. See Fed. R. Civ. P. 72(b)(2). Neither party has filed
such an objection.
Having reviewed all relevant materials, including the reasoning set forth in the Magistrate
Judge’s Report and Recommendation, the Court ADOPTS the Report and Recommendation.
Accordingly, the Court hereby ORDERS as follows:
1. Plaintiff’s First and Second Claims for Relief as to Robert Tomlinson, Claudia
Orozco, and Kathleen Zarit are DISMISSED with prejudice.

2. Plaintiff’s Third, Fourth, and Fifth Claims as to all Defendants are DISMISSED
without prejudice. Plaintiff shall have fourteen (14) days in which to file her
Amended Complaint. Failure to do so will result in dismissal of this case.
IT IS SO ORDERED.
DATED this 5th day of February 2016.

_________________________________
Dee Benson
United States District Judge