Filed: Jun. 18, 2018
Latest Update: Jun. 18, 2018
Summary: ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DOLLY M. GEE , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the First Amended Complaint, the documents filed in connection with the two pending Motions to Dismiss (collectively "Motions"), and the records herein, including the May 11, 2018 Report and Recommendation of United States Magistrate Judge ("Report and Recommendation" or "R&R"). The Court approves and accepts the Rep
Summary: ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DOLLY M. GEE , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the First Amended Complaint, the documents filed in connection with the two pending Motions to Dismiss (collectively "Motions"), and the records herein, including the May 11, 2018 Report and Recommendation of United States Magistrate Judge ("Report and Recommendation" or "R&R"). The Court approves and accepts the Repo..
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ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
DOLLY M. GEE, District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint, the documents filed in connection with the two pending Motions to Dismiss (collectively "Motions"), and the records herein, including the May 11, 2018 Report and Recommendation of United States Magistrate Judge ("Report and Recommendation" or "R&R"). The Court approves and accepts the Report and Recommendation.
IT IS HEREBY ORDERED: (1) the Motions are granted to the extent they seek dismissal of the Federal Claims (as defined in the R&R) on grounds set forth in the R&R; (2) the Court declines to exercise supplemental jurisdiction over Plaintiff's State Claims (as defined in the R&R); (3) the First Amended Complaint is dismissed with leave to amend; and (4) Plaintiff shall, within fifteen (15) days of the date of this Order, either (a) file a Second Amended Complaint which cures the pleading defects identified in the R&R if Plaintiff intends to pursue this matter,1 or (b) sign and return the attached Notice of Dismissal — which will result in the voluntary dismissal of this action without prejudice — if Plaintiff elects not to proceed with this action.
Plaintiff is cautioned that, absent further order of the Court, Plaintiff's failure timely to file a Second Amended Complaint or Notice of Dismissal, may be deemed Plaintiff's admission that amendment is futile, and may result in the dismissal of this action with or without prejudice on the grounds set forth in the Report and Recommendation, on the ground that amendment is futile, for failure diligently to prosecute, and/or for failure to comply with the Court's Orders.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order on Plaintiff and counsel for Defendants.
IT IS SO ORDERED.
