-KJN (PS) Berman v. McManus et al, No. 2:2011cv00635 - Document 40 (E.D. Cal. 2011)

Court Description: ORDER adopting 32 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Morrison C. England, Jr on 7/28/11: Defendants Leslie Scott and Caroline Sheller's motion to dismiss is GRANTED 7 . Defendant Leane Renee's special motion to strike and motion to dismiss is GRANTED 12 . Defendant Julie McManus's motion to dismiss is GRANTED 15 . Defendant George A. Roberts's motion to dismiss 9 is GRANTED in part and the court declines to exercise supplemental jurisdiction over plaintiff's claims against Roberts.(Kaminski, H)

Download PDF
-KJN (PS) Berman v. McManus et al Doc. 40 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STANLEY P. BERMAN, Plaintiff, 12 vs. 13 14 No. 2:11-cv-00635-MCE-KJN-PS ORDER JULIE MCMANUS, et al., 15 16 Defendants. __________________________________/ On May 31, 2011, the magistrate judge filed findings and recommendations herein which 17 18 were served on the parties and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen days. Plaintiff and defendant George A. 20 Roberts filed timely objections to the findings and recommendations. ECF Nos. 33, 34. 21 Defendants Leane Renee, Leslie Scott, and Caroline Sheller filed responses to plaintiff’s 22 objections. ECF Nos. 36, 37. 23 This Court reviews de novo those portions of the proposed findings of fact to which 24 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 25 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). 26 /// 1 Dockets.Justia.com 1 As to any portion of the proposed findings of fact to which no objection has been made, the 2 Court assumes its correctness and decides the motions on the applicable law. See Orand v. 3 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 4 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 5 1983). 6 7 The Court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 8 Accordingly, IT IS ORDERED that: 9 1. The Proposed Findings and Recommendations filed May 31, 2011 (ECF No. 32), are 10 11 ADOPTED in full; 2. Defendants Leslie Scott and Caroline Sheller’s motion to dismiss (ECF No. 7) is 12 GRANTED, plaintiff’s second claim for relief is dismissed with prejudice as to Scott and 13 Sheller, and Scott and Sheller are dismissed from this action with prejudice. 14 3. Defendant Leane Renee’s special motion to strike and motion to dismiss (ECF No. 12) 15 is GRANTED, all of plaintiff’s claims alleged against Renee are dismissed with prejudice, and 16 Renee is dismissed from this action with prejudice. 17 4. Defendant Julie McManus’s motion to dismiss (ECF No. 15) is GRANTED in part, 18 and the court abstains from hearing plaintiff’s claims against McManus, and McManus is 19 dismissed from this action. 20 5. Defendant George A. Roberts’s motion to dismiss (ECF No. 9) is GRANTED in part, 21 and the court declines to exercise supplemental jurisdiction over plaintiff’s claims against 22 Roberts. 23 Dated: July 28, 2011 24 25 26 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.