Garcia, et al v. Allstate Insurance, No. 1:2012cv00609 - Document 18 (E.D. Cal. 2012)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONSThat Defendant's Anti-SLAPP Motion and REQUEST for Attorney's Fees Be GRANTED IN PART AND DENIED IN PART 16 , signed by Chief Judge Anthony W. Ishii on 10/16/12: Plaintiffs Efrain Garcia and Ofelia Garcia's complaint is DISMISSED without prejudice and with 21 days leave to file an amended complaint. (Hellings, J)
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Garcia, et al v. Allstate Insurance Doc. 18 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 EFRAIN GARCIA, et al. Case No. 1:12-cv-00609-AWI-SKO 12 Plaintiffs, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT DEFENDANT'S ANTI-SLAPP MOTION AND REQUEST FOR ATTORNEY'S FEES BE GRANTED IN PART AND DENIED IN PART 13 vs. 14 15 16 17 ALLSTATE INSURANCE, Defendant. (Docket No. 16) / 18 19 20 On September 18, 2012, the Magistrate Judge issued Findings and Recommendations that 21 Defendant Allstate Insurance's motion brought pursuant to California's anti-Strategic Lawsuits 22 Against Public Participation ("anti-SLAPP") and request for attorney's fees be granted in part and 23 denied in part. (Doc. 16.) These Findings and Recommendations were served on all parties 24 appearing in the action and contained notice that any objections were to be filed within twenty-one 25 (21) days after service of the order. No objections were filed. 26 In accordance with the provisions of 28 U.S.C. ยง 636 (b)(1)(C), this Court has conducted a 27 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 28 Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 FULL; 2. 5 6 The Findings and Recommendations issued September 18, 2012, are ADOPTED IN Defendant Allstate Insurance's anti-SLAPP motion is GRANTED IN PART and DENIED IN PART; 3. 7 Plaintiffs Efrain Garcia and Ofelia Garcia's complaint is DISMISSED without prejudice and with 21 days leave to file an amended complaint; 8 4. Defendant Allstate Insurance's request for attorney's fees is DENIED; and 9 5. If Plaintiff fails to file a timely amended complaint, leave to amend will be 10 11 withdrawn and this case will be closed without further notice. IT IS SO ORDERED. 12 13 Dated: 0m8i78 October 16, 2012 CHIEF UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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