(PS) Finley v. Northern CA Carpenters Trust Fund Board of Trustee's et al, No. 2:2013cv01132 - Document 61 (E.D. Cal. 2014)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 9/30/2014 ADOPTING 59 Findings and Recommendations. Defendants' 29 , 30 Motions to Dismiss are GRANTED-IN-PART and DENIED-IN-PART. Plaintiff is GRANTED 30 days from the date of this order to file a first amended complaint as provided in the magistrate judge's findings and recommendations. (Donati, J)

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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 KEVIN FINLEY, 12 13 14 15 16 17 18 No. 2:13-cv-1132-GEB-EFB PS Plaintiff, v. ORDER NORTHERN CA. CARPENTERS PENSION TRUST FUND TRUSTEES, ET AL., BOB ALVARADO, MIKE KNAB, CHARLENE MARTINEZ, BILL FEYLING, FIELD REPRESENTATIVES RIGO LAGUARDIA LOCAL 217, SHAWN LEONARD LOCAL 2236, JAY STREETS LOCAL 405, Defendants. 19 20 21 On September 15, 2014, the magistrate judge filed findings and recommendations 22 herein which were served on the parties and which contained notice that any objections to the 23 findings and recommendations were to be filed within fourteen days. No objections were filed. 24 25 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 26 Accordingly, IT IS ORDERED that: 27 1. 28 are ADOPTED; The proposed Findings and Recommendations filed September 15, 2014, 1 2 2. denied in part as follows: 3 4 Defendants’ motion to dismiss, ECF Nos. 29, 30, is granted in part and a. Defendants’ request to dismiss the case for improper venue pursuant to Rule 12(b)(3) is denied; and 5 b. 6 state a claim; and 7 3. The complaint is dismissed pursuant to Rule 12(b)(6) for failure to Plaintiff is granted thirty days from the date of this order to file a first 8 amended complaint as provided in the magistrate judge’s findings and recommendations. 9 Dated: September 30, 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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