MERRIAM v. PEAK RESTAURANT PARTNERS, 2:15-cv-00032-DB-EJF. (2016)
Court: District Court, D. Utah
Number: infdco20160208a66
Visitors: 11
Filed: Feb. 05, 2016
Latest Update: Feb. 05, 2016
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DEE BENSON , District Judge . 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 Plainti
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DEE BENSON , District Judge . 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 Plaintif..
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ORDER ADOPTING REPORT AND RECOMMENDATION
DEE BENSON, District Judge.
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.
Source: Leagle
