(PS) California Sportfishing Protection Alliance v. Paradise Ready Mix, Inc. et al, No. 2:2010cv01801 - Document 80 (E.D. Cal. 2012)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 4/30/12 ADOPTING in full 74 Findings and Recommendations; DENYING 55 Motion to Dismiss. (Meuleman, A)

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(PS) California Sportfishing Protection Alliance v. Paradise Ready Mix, Inc. et al Doc. 80 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, 11 Plaintiff, CIV-S-10-1801 GEB GGH PS 12 vs. 13 14 WILLIAM CALLAWAY, dba PARADISE READY MIX, 15 16 Defendant. ORDER __________________________________/ 17 On March 20, 2012, 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 fourteen days. Objections were filed on 20 March 30, 2012, and they were considered by the district judge.1 21 This court reviews de novo those portions of the proposed findings of fact to 22 which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. 23 Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 24 (1982). As to any portion of the proposed findings of fact to which no objection has been made, 25 1 26 The objections filed on April 24, 2012, will be construed as a motion for reconsideration, and will be addressed separately by the magistrate judge. 1 Dockets.Justia.com 1 the court assumes its correctness and decides the motions on the applicable law. See Orand v. 2 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 3 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 4 1983). 5 The court has reviewed the applicable legal standards and, good cause appearing, 6 concludes that it is appropriate to adopt the March 20, 2012, Findings and Recommendations in 7 full. Accordingly, IT IS ORDERED that Callaway’s motion to dismiss, filed January 25, 2012 8 (dkt. no. 55) is denied. 9 Dated: April 30, 2012 10 11 12 GARLAND E. BURRELL, JR. United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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