- 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Warren Simpson, ) No. CV 18-98-TUC-JAS (LCK) ) 10 Plaintiff, ) ORDER ) 11 vs. ) ) 12 ) Pizza Venture of Tucson, LLC, and Papa) 13 John’s International, Inc., ) ) 14 Defendants. ) ) 15 16 Pending before the Court is a Report and Recommendation issued by Magistrate Judge 17 Kimmins. In the Report and Recommendation, Magistrate Judge Kimmins recommends 18 granting a motion to dismiss. As the Court finds that the Report and Recommendation 19 appropriately resolved the motion, the objections are denied.1 20 Accordingly, IT IS HEREBY ORDERED as follows: 21 (1) Magistrate Judge Kimmins’ Report and Recommendation (Doc. 48) is accepted and 22 adopted. 23 (2) The motion to dismiss (Doc. 30) is granted, but Plaintiff is granted leave to amend, 24 within 20 days of the filing date of this Order, pursuant to the directions contained in the 25 26 1The Court reviews de novo the objected-to portions of the Report and Recommendation. 27 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Court reviews for clear error the unobjected-to portions of the Report and Recommendation. See Johnson v. Zema Systems Corp., 170 F.3d 734, 28 1 || Report and Recommendation. 2 || (3) This case is referred back to Magistrate Judge Kimmins for any further proceedings. 4 DATED this 9" day of August, 2019. 6 7 ks os 8 James A. 50 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
Document Info
Docket Number: 4:18-cv-00098
Filed Date: 8/12/2019
Precedential Status: Precedential
Modified Date: 6/19/2024