Castellano v. Brigham Young University et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 3 Complaint, filed by Joseph Castellano ; granting 7 Motion to Dismiss for Failure to State a Claim ; denying 10 Motion for Default Judgment; adopting Report and Recommendati ons re 16 Report and Recommendations.; adopting Report and Recommendations re 17 Report and Recommendations. Mr. Castellanos Complaint 3 is DISMISSED without prejudice for failure to state a claim. Mr. Castellano is GRANTED thirty (30) days from the issuance of this order to amend his complaint. Should his newly amended complaint fail to cure the deficiencies outlined by Judge Furse, his action may be dismissed with prejudice. Signed by Judge Jill N. Parrish on 8/25/17. (jlw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ORDER ADOPTING REPORT AND
Case No. 2:16-cv-01205-JNP-EJF
BRIGHAM YOUNG UNIVERSITY,
DAVID TUELLER, and SCOTT ELKINS
District Judge Jill N. Parrish
Magistrate Judge Evelyn J. Furse
Pro se Plaintiff Joseph Castellano brings this lawsuit in against Defendants Brigham
Young University (“BYU”), David Tueller, and Scott Elkins, seeking damages and injunctive
relief for alleged violations of the Americans with Disabilities Act of 1990 and the Utah
Antidiscrimination Act of 1965. (Docket No. 3). The court referred this matter to Magistrate
Judge Evelyn J. Furse pursuant to 28 U.S.C. § 636(b)(1)(B). (Docket No. 6). On January 30,
2017, Defendants BYU and David Tueller filed a Motion to Dismiss for Failure to State a Claim.
(Docket No. 7). Plaintiff filed a Motion for Default Judgement as to all Defendants on February
21, 2017. (Docket No. 10). The parties filed various responses and replies to each motion.
(Docket Nos. 11, 12, 13, 14).
After review of the parties’ briefing, Judge Furse issued a Report and Recommendation
advising this court to grant the Motion to Dismiss, (Docket No. 16), and a second Report and
Recommendation advising this court to deny the Motion for Default Judgment, (Docket No. 17).
Each report specified that the parties were to file any objections with the court within fourteen
(14) days of service. The time to object has now expired and the court has received no
Based on the court’s de novo review of the record, the relevant legal authorities, and each
Report and Recommendation, the court concludes that each Report and Recommendation is a
correct application of the law and the facts. Accordingly, the court ORDERS as follows:
1. The first Report and Recommendation (Docket No. 16) is ADOPTED IN FULL.
2. The second Report and Recommendation (Docket No. 17) is ADOPTED IN FULL.
3. Mr. Castellano’s Motion for Default Judgement (Docket No. 10) is DENIED.
4. Defendants BYU and David Tueller’s Motion to Dismiss (Docket No. 7) is
5. Mr. Castellano’s Complaint (Docket No. 3) is DISMISSED without prejudice for
failure to state a claim.
6. Mr. Castellano is GRANTED thirty (30) days from the issuance of this order to
amend his complaint. Should his newly amended complaint fail to cure the
deficiencies outlined by Judge Furse, his action may be dismissed with prejudice.
SO ORDERED this 25th day of August, 2017.
BY THE COURT:
JILL N. PARRISH
United States District Judge
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