(PS) Johnston v. City of Red Bluff, et al, No. 2:2009cv01353 - Document 25 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 21 FINDINGS AND RECOMMENDATIONS signed by Judge Frank C. Damrell, Jr. on 2/17/10; 15 Motion to Dismiss is GRANTED; Art Frolli DISMISSED with prejudice; complaint DISMISSED with leave to amend within 30 days. (Manzer, C)

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(PS) Johnston v. City of Red Bluff, et al Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT JOHNSTON, 12 Plaintiff, 13 14 No. CIV S-09-1353-FCD-CMK vs. ORDER CITY OF RED BLUFF, et al., Defendants. 15 / 16 17 Plaintiff brings this civil action under the Age Discrimination in Employment Act 18 (“ADEA”), 29 U.S.C. §§ 621-634, against the City of Red Bluff and various of its employees, as 19 well as Art Frolli, a union representative for Operating Engineers Local No. 3. The matter was 20 referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. 21 On November 23, 2009, the Magistrate Judge filed findings and recommendations 22 herein which were served on the parties and which contained notice that the parties may file 23 objections within a specified time. Timely objections to the findings and recommendations have 24 been filed. 25 /// 26 /// 1 Dockets.Justia.com In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 1 2 304, this court has conducted a de novo review of this case. Having carefully reviewed the 3 entire file, the court finds the findings and recommendations to be supported by the record and 4 by proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed November 23, 2009, are adopted 8 2. Defendant Frolli’s motion to dismiss (Doc. 15) is granted; 9 3. Defendant Frolli is dismissed from the action with prejudice; and 10 4. Plaintiff’s complaint is dismissed with leave to amend within 30 days of 7 in full; 11 the date of this order. 12 DATED: February 17, 2010. 13 14 15 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 2

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