-CMK (PS) Holland v. TD Ameritrade, Inc., No. 2:2010cv02110 - Document 42 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 1/31/2011 ORDERING that The 36 findings and recommendations filed January 4, 2011, are adopted in full. Defendant's 14 motion to dismiss is GRANTED. Plaintiff is granted limited leave to file an amended complaint in order to cure the pleading defects in his fraud and CLRA claims only. Plaintiff shall file an amended complaint within 30 days of the date of this order. Plaintiff's 39 motion to continue the hearing on the motion to dismiss is DENIED as moot. (Duong, D)

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-CMK (PS) Holland v. TD Ameritrade, Inc. Doc. 42 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 SCOTT HOLLAND, 9 10 11 Plaintiff, vs. ORDER TD AMERITRADE, INC., 12 Defendant. 13 / 14 15 No. CIV S-10-2110-GEB-CMK Plaintiff, who is proceeding pro se, brings this civil action. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. 16 On January 10, 2011, the Magistrate Judge filed findings and recommendations 17 herein which were served on the parties and which contained notice that the parties may file 18 objections within a specified time. Timely objections to the findings and recommendations have 19 been filed. 20 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 21 304(f), this court has conducted a de novo review of this case. Having carefully reviewed the 22 entire file, the court finds the findings and recommendations to be supported by the record and by 23 proper analysis. 24 In addition to his response to the Magistrate Judge’s findings and 25 recommendations, plaintiff also filed a belated request for a continuation of the hearing on the 26 motion to dismiss (Doc. 39). This formal request was not received by the court until well after 1 Dockets.Justia.com 1 the hearing had been held. As such, this motion is moot. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed January 4, 2011, are adopted in 5 2. Defendant’s motion to dismiss (Doc. 14) is granted; 6 3. Plaintiff is granted limited leave to file an amended complaint in order to 4 7 full; cure the pleading defects in his fraud and CLRA claims only; 8 9 10 4. Plaintiff shall file an amended complaint within 30 days of the date of this 5. Plaintiff’s motion to continue the hearing on the motion to dismiss (Doc. order; and 11 39) is denied as moot. 12 Dated: January 31, 2011 13 14 15 GARLAND E. BURRELL, JR. United States District Judge 16 17 18 19 20 21 22 23 24 25 26 2

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