Preston v. Boyer et al

Filing 153

ORDER ADOPTING 152 Report and Recommendation. Defendant Snohomish County's motion to dismiss (Dkt. No. 138 ) is GRANTED in part and DENIED in part. This matter is RE-REFERRED to Judge Theiler for further proceedings. Signed by U.S. District Judge John C Coughenour. (TH)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 ROBERT JOHN PRESTON, 10 Plaintiff, ORDER v. 11 12 CASE NO. C16-1106-JCC RYAN BOYER, et al., 13 Defendants. 14 15 16 The Court, having reviewed the record and the report and recommendation of United States Magistrate Judge Mary Alice Theiler, hereby ORDERS that: 17 (1) The report and recommendation (Dkt. No. 152) is ADOPTED. 18 (2) Defendant Snohomish County’s motion to dismiss (Dkt. No. 138) is GRANTED in 19 part and DENIED in part. Plaintiff may proceed with his negligent hiring and 20 retention claims, but his negligent supervision claim is DISMISSED with prejudice. 21 (3) Defendant Snohomish County’s motion to strike allegations in Plaintiff’s third 22 amended complaint (Dkt. No. 138 at 2) is DENIED. 23 (4) This matter is RE-REFERRED to Judge Theiler for further proceedings. 24 (5) The Clerk is DIRECTED to send copies of this order to the parties and to Judge 25 26 Theiler. // ORDER C16-1106-JCC PAGE - 1 1 DATED this 28th day of February 2019. A 2 3 4 John C. Coughenour UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER C16-1106-JCC PAGE - 2

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