(PS) Chepel, et al v. Cohen, et al, No. 2:2009cv03548 - Document 6 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge John A. Mendez on 4/28/2010 ADOPTING 4 FINDINGS AND RECOMMENDATIONS; and Plaintiffs' fifth claim for relief for "defamation of character" is DISMISSED as to all defendants with prejudice as barred by the absolute privilege contained in California Civil Code 47( b). (Reader, L)

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(PS) Chepel, et al v. Cohen, et al Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 IGOR CHEPEL; ROOF VERA CHEPEL, as guardian ad litem for minors, ERICK CHEPEL, JASON CHEPEL, and ASHLEY CHEPEL, No. CIV-S-09-3548-JAM-KJN-PS 12 Plaintiffs, 13 vs. 14 15 16 THE LAW OFFICE OF FREDERICK S. COHEN; FREDERICK S. COHEN, individually; MARY ROSS; DR. LARRY NICHOLAS; and DOES 1 through 20, ORDER 17 18 19 Defendants. __________________________________/ On March 12, 2010, the magistrate judge filed findings and 20 recommendations herein which were served on the parties and which 21 contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen days. 23 objections were filed. 24 No Accordingly, the court presumes that any findings of fact 25 are correct. 26 Cir. 1979). See Orand v. United States, 602 F.2d 207, 208 (9th The magistrate judge’s conclusions of law are 1 Dockets.Justia.com 1 reviewed de novo. 2 708 F.2d 452, 454 (9th Cir. 1983). See Britt v. Simi Valley Unified School Dist., 3 The court has reviewed the applicable legal standards and, 4 good cause appearing, concludes that it is appropriate to adopt 5 the Proposed Findings and Recommendations in full. 6 Accordingly, IT IS ORDERED that: 7 1. 8 9 The Proposed Findings and Recommendations filed March 12, 2010, are ADOPTED; and 2. Plaintiffs’ fifth claim for relief for “defamation of 10 character” is dismissed as to all defendants with prejudice as 11 barred by the absolute privilege contained in California Civil 12 Code 47( b). 13 DATED: April 28, 2010 14 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2

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