(PS) Finley v. Northern CA Carpenters Trust Fund Board of Trustee's et al, No. 2:2013cv01132 - Document 96 (E.D. Cal. 2016)
Court Description: ORDER signed by District Judge Garland E. Burrell, Jr. on 4/13/2016 ORDERING that the 93 Order Adopting Findings and Recommendations, dismissing the unserved defendant, denying plaintiff's motion for summary judgment, granting the Pension Fund and Fund Office's cross-motion for summary judgment and entering judgment in their favor is CONFIRMED. (Zignago, K.)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KEVIN FINLEY, 11 12 13 14 15 No. 2:13-cv-1132-GEB-EFB PS Plaintiff, v. ORDER CARPENTERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; AND CARPENTER FUNDS ADMINISTRATIVE OFFICE FOR NORTHERN CALIFORNIA, INC., 16 Defendants. 17 18 On March 17, 2016, the magistrate judge filed findings and recommendations herein 19 which were served on the parties and which contained notice that any objections to the findings 20 and recommendations were to be filed within fourteen days. Neither party timely filed objections 21 to the findings and recommendations. On March 31, 2016, this Court adopted the findings and 22 recommendations, dismissed an unserved defendant, denied plaintiff’s motion for summary 23 judgment, granted the Pension Fund and Fund Office’s cross-motion for summary judgment and 24 entered judgment in their favor. The case was accordingly closed. 25 On April 4, 2016, plaintiff filed belated objections to the findings and recommendations. 26 In an abundance of caution, the Court will vacate the March 31, 2016 order adopting the findings 27 and recommendations and reconsider them in light of plaintiff’s objections. See Fed. R. Civ. P. 28 59(e) and 60(b). 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case, including plaintiff’s objections to the findings 3 and recommendations of the magistrate judge. Having carefully reviewed the entire file, the court 4 finds the findings and recommendations to be supported by the record and by proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that the order entered on March 31, 2016 (ECF 6 No. 93) adopting in full the findings and recommendations, dismissing the unserved defendant, 7 denying plaintiff’s motion for summary judgment, granting the Pension Fund and Fund Office’s 8 cross-motion for summary judgment and entering judgment in their favor is CONFIRMED. 9 Dated: April 13, 2016 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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