(PS) Fitzpatrick v. Fitzpatrick, et al., No. 2:2012cv02938 - Document 59 (E.D. Cal. 2014)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 7/2/14 ADOPTING IN FULL 58 Findings and Recommendations; GRANTING IN PART 49 Motion to Dismiss. Plaintiff's claims of fraud and breach of fiduciary duty based on a confidential relationship a re DISMISSED without leave to amend; this matter shall proceed in plaintiff's remaining claims (breach of implied contract, breach of fiduciary duty based on a fiduciary/partnership relationship, breach of implied covenant of good faith and fair dealing, resulting trust, and unjust enrichment); and defendants shall FILE an Answer to the Second Amended Complaint within 30 days from the date of this order. (Meuleman, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL FITZPATRICK, 12 13 14 No. 2:12-cv-2938 GEB AC PS Plaintiff, v. ORDER BRIAN FITZPATRICK, ET AL., 15 Defendants. 16 17 18 19 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21). On May 27, 2014, the magistrate judge filed findings and recommendations herein which 20 were served on all parties and which contained notice to all parties that any objections to the 21 findings and recommendations were to be filed within fourteen days. Neither party has filed 22 objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 27 28 1. The findings and recommendations filed May 27, 2014 (ECF No. 58) are adopted in full; 2. Defendants’ October 16, 2013 motion to dismiss (ECF No. 49) is granted in part; 1 1 2 3. Plaintiff’s claims of fraud and breach of fiduciary duty based on a confidential relationship are dismissed without leave to amend; 3 4. This matter shall proceed on plaintiff’s remaining claims (breach of implied contract, 4 breach of fiduciary duty based on a fiduciary / partnership relationship, breach of 5 implied covenant of good faith and fair dealing, resulting trust, and unjust 6 enrichment); and 7 8 9 5. Defendants shall file an Answer to the Second Amended Complaint within thirty (30) days from the date of this order. Dated: July 2, 2014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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