(PS) Mehl et al v. Green et al, No. 2:2021cv01861 - Document 40 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Troy L. Nunley on 9/23/22 ADOPTING in full 38 Findings and Recommendations and GRANTING 18 defendant's motion to dismiss. Plaintiffs' FDCPA, FCRA, and TCPA claims are DISMISSED with leave to amend. The Court DECLINES to exercise supplemental jurisdiction over Plaintiffs' Rosenthal Act claim. Plaintiffs' 20 Motion to Strike is DENIED. (Kastilahn, A)

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(PS) Mehl et al v. Green et al Doc. 40 Case 2:21-cv-01861-TLN-JDP Document 40 Filed 09/26/22 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GAVIN MEHL, et al., 12 Plaintiffs, 13 14 No. 2:21-cv-01861-TLN-JDP ORDER v. WARREN GREEN, et al., 15 Defendants. 16 17 On September 2, 2022, the magistrate judge filed findings and recommendations herein 18 which were served on the parties and which contained notice that any objections to the findings 19 and recommendations were to be filed within fourteen days. (ECF No. 38.) Defendants filed 20 limited objections to the findings and recommendations on September 9, 2022, and they have 21 been considered by the Court. (ECF No. 39.) In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 22 23 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 24 Court finds the findings and recommendations to be supported by the record and by proper 25 analysis. 26 /// 27 /// 28 /// 1 Dockets.Justia.com Case 2:21-cv-01861-TLN-JDP Document 40 Filed 09/26/22 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed September 2, 2022 (ECF No. 38) are 3 ADOPTED in full; 4 2. Defendants’ Motion to Dismiss (ECF No. 18) is GRANTED; 5 3. Plaintiffs’ FDCPA, FCRA, and TCPA claims are DISMISSED with leave to amend; 6 4. The Court DECLINES to exercise supplemental jurisdiction over Plaintiffs’ Rosenthal 7 8 9 Act claim; and 5. Plaintiffs’ Motion to Strike (ECF No. 20) is DENIED. DATED: September 23, 2022 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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