(PS) Ostrofsky v. California State Department of Rehabilitation, No. 2:2007cv00987 - Document 41 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 10/28/09 ADOPTING 40 FINDINGS AND RECOMMENDATIONS in full. 24 Motion to Dismiss is granted in part and denied in part; plft's claims pursuant to Title VII and FEHA are dismissed without leave to amend; pltf's claims pursuant to Rehabilitation Act and ADA are dismissed with leave to amend; pltf is granted leave to file 4th amended complaint within 60 days. (Owen, K)
Download PDF
<![CDATA[
(PS) Ostrofsky v. California State Department of Rehabilitation Doc. 41 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LINDA OSTROFSKY, 11 Plaintiff, 12 13 14 15 No. CIV S-07-0987 MCE EFB PS vs. DEPARTMENT OF REHABILITATION, JOHN MARTIN, KELLY COOK, and DOES 1 through 25, inclusive, Defendants. __________________________________/ ORDER 16 17 On September 17, 2009, the magistrate judge filed findings and recommendations 18 herein which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within ten days. No objections were filed. 20 Accordingly, the court presumes any findings of fact are correct. See Orland v. 21 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). 24 The court has reviewed the applicable legal standards and, good cause appearing, 25 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 26 /// 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The proposed Findings and Recommendations filed September 17, 2009, are 3 ADOPTED; 4 5 2. Defendants’ motion to dismiss plaintiff’s Third Amended Complaint, Dckt. No. 24, is granted in part and denied in part; 6 7 8 9 10 3. Plaintiff’s claims pursuant to Title VII and FEHA are dismissed without leave to amend; 4. Plaintiff’s claims pursuant to the Rehabilitation Act and the Americans With Disabilities Act are dismissed with leave to amend; and 5. Plaintiff is granted leave to file, within 60 days of the filing date of any order 11 adopting this recommendation, a Fourth Amended Complaint setting forth claims for 12 discrimination, hostile work environment, and retaliation pursuant to the Rehabilitation Act and 13 the Americans With Disabilities Act. 14 Dated: October 28, 2009 15 16 17 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 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.
