(PS) Awadan et al v. Reebok Corporate Headquarter, No. 2:2017cv01148 - Document 26 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 3/30/2018 ADOPTING 21 Findings and Recommendations in full. All claims of Faizal Awadam are DISMISSED from this case with prejudice. Plaintiff Shainaz Awadan's 1st, 2nd, 5th, 6th and 8th claims are DISMISSED with prejudice. Plaintiff Shainaz Awadan's 7th claim is DISMISSED with leave to amend. Plaintiff Shainaz Awadan shall file an amended complaint within 21 days of this order. This matter is REFERRED back to the assigned magistrate judge for further handling as provided by the local rules. (York, M)
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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 12 FAIZAL AWADAN and SHAINAZ AWADAN, Plaintiffs, 13 14 15 16 No. 2:17-cv-1148 KJM AC ORDER v. REEBOK CORPORATE HEADQUARTERS, Defendant. 17 18 19 20 Plaintiffs, proceeding pro se, filed the above-entitled action. The matter was referred to a United States Magistrate Judge under Local Rule 302(c)(21). On August 8, 2017, the magistrate judge filed findings and recommendations, which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within twenty one days. ECF No. 21. Neither party has 23 filed objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the proper analysis. 1 1 The court observes plaintiffs have filed a request to amend their complaint. ECF No. 22. 2 That request does not propose changing the substantive allegations of plaintiffs’ complaint. See 3 id. at 8-10. The court therefore does not consider those proposed new allegations here. Because 4 the court adopts the findings and recommendations in full, plaintiffs now have an opportunity to 5 file an amended complaint consistent with the findings and recommendations and this order. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed August 8, 2017, are adopted in full; 8 2. All claims of Faizal Awadam are dismissed from this case with prejudice; 9 3. Plaintiff Shainaz Awadan’s First, Second, Fifth, Sixth and Eighth claims are dismissed 10 with prejudice; 11 4. Plaintiff Shainaz Awadan’s Seventh claim is dismissed with leave to amend; 12 5. Plaintiff Shainaz Awadan shall file an amended complaint within twenty-one (21) days 13 14 15 16 17 of this order; and 6. This matter is referred back to the assigned magistrate judge for further handling as provided by the local rules. IT IS SO ORDERD. DATED: March 30, 2018. 18 19 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2