Martin v. Sephora USA, Inc., No. 1:2022cv01355 - Document 25 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 21 Findings and Recommendations; ORDER GRANTING 12 Motion to Dismiss With Leave to Amend; and ORDER Deeming First Amended Complaint Filed as of the Date of this Order signed by District Judge Jennifer L. Thurston on 4/24/2023. Defendant's Responsive Pleading due within twenty-one (21) days. (Lawrence, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RUTH MARTIN, Plaintiff, 12 13 Case No. 1:22-cv-01355-JLT-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. 12, 14, 16, 17, 19, 21, 24) 14 15 SEPHORA USA, INC., Defendant. 16 17 Ruth Martin initiated this putative class action on October 23, 2022. (Doc. 1.) Defendant 18 Sephora USA, Inc. filed a motion to dismiss on January 24, 2023. (Doc. 12.) The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern 20 District of California Local Rule 302. 21 The assigned magistrate judge issued findings and recommendations, recommending that 22 Defendant’s motion to dismiss be granted, without prejudice, and that Plaintiff be granted leave 23 to file a first amended complaint consistent with the Court’s findings. (Doc. 21.) The parties 24 were granted fourteen days in which to file objections to the findings and recommendations. No 25 party filed objections. 26 According to 28 U.S.C. § 636 (b)(1)(C) and Eastern District of California Local Rule 27 304, this Court has conducted a de novo review of this case. Having carefully reviewed the 28 entire file, including the filed objections, the Court concludes that the findings and 1 1 recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 2 1. 2023 (Doc. 21), are ADOPTED IN FULL. 3 4 The findings and recommendations issued by the magistrate judge on March 30, 2. Defendant Sephora USA, Inc.’s motion to dismiss (Doc. 12) is GRANTED with 5 leave to amend as to the first cause of action only, consistent with the findings and 6 recommendations as adopted by this order, and without leave to amend as to the 7 second cause of action. 8 3. complies with the findings and recommendation adopted herein, is deemed 9 FILED as of the date of this order. 10 11 Plaintiff’s prematurely filed first amended complaint (Doc. 22), to the extent it 4. Consistent with the parties’ stipulation (see Docs. 23 & 24), Defendant’s responsive pleading shall be filed within twenty-one (21) days of this order. 12 13 14 15 IT IS SO ORDERED. Dated: April 24, 2023 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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