(PS) Ortiz v. Gatestone & Co. International, Inc. ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW R. ORTIZ; RENE ORTIZ, AS No. 2:18-cv-2479-JAM-EFB PS TRUSTEE FOR ANDREW R. ORTIZ, 12 Plaintiffs, 13 ORDER v. 14 GATESTONE & CO. INTERNATIONAL, 15 INC., 16 Defendant. 17 18 On August 8, 2019, the magistrate judge filed findings and recommendations herein 19 which were served on the parties and which contained notice that any objections to the findings 20 and recommendations were to be filed within fourteen days. Plaintiffs filed a document on 21 August 22, 2019, which has been considered by the undersigned. 22 This court reviews de novo those portions of the proposed findings of fact to which 23 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 24 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 25 to any portion of the proposed findings of fact to which no objection has been made, the court 26 assumes its correctness and decides the motions on the applicable law. See Orand v. United 27 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 28 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 1 The court has reviewed the applicable legal standards and, good cause appearing, 2 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 3 Accordingly, IT IS ORDERED that: 4 1. The proposed Findings and Recommendations filed August 8, 2019, are adopted; 5 2. Defendant’s motion to dismiss (ECF No. 3) is granted and plaintiffs’ complaint is 6 dismissed for failure to comply with Rule 8 and for failure to state a claim; 7 3. Plaintiffs are granted thirty days from the date of this order to file an amended 8 complaint as provided in the magistrate judge’s findings and recommendations; and 9 4. Plaintiffs’ motion for default judgment and/or summary judgment (ECF No. 7) is 10 denied. 11 Dated: October 3, 2019 /s/ John A. Mendez 12 HONORABLE JOHN A. MENDEZ 13 United States District Court Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28