(PS) Mackintosh v. Lyft, Inc. ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADAM JOHN MACKINTOSH, No. 2:19-cv-1849-MCE-KJN PS 11 Plaintiff, ORDER 12 v. (ECF Nos. 5, 7, 8, 9, 11, 14, 15, 16, 17, 18, 20, 13 23, 34, 50, 69) LYFT, INC., et al., 14 Defendants. 15 16 17 On November 1, 2019, the magistrate judge filed findings and recommendations (ECF 18 No. 69), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen (14) days. No objections were 20 filed. 21 Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 22 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 23 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 24 1983). 25 The court has reviewed the applicable legal standards and, good cause appearing, 26 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 27 IT IS HEREBY ORDERED that: 28 ] 1. The findings and recommendations (ECF No. 69) are ADOPTED; 2 2. Plaintiff's motion to remand and motion for sanctions (ECF No. 23) are DENIED; 3 3. Defendants’ motions to dismiss for violations of the “short and plain statement” rule 4 (ECF Nos. 5, 7, 8, 9, 11, 14, 15, 16, 17, 18, and 20) are GRANTED; 5 4. Defendants’ motions to strike portions of the complaint (ECF Nos. 9, 14, 17, 18, 20) 6 and Plaintiff’s motion for default judgment (ECF No. 50) are DENIED AS MOOT; 7 5. Plaintiff’s motion to strike the motions to dismiss (ECF No. 34) is resolved alongside 8 the motions to dismiss, and insomuch as it must be ruled upon, it is DENIED; 9 6. Plaintiffs complaint is DISMISSED with leave to amend; 10 7. Within 21 days of this order, Plaintiff is ordered file either (a) a second amended 11 complaint in compliance with this order or (b) a request for voluntary dismissal of the 12 action without prejudice; and 13 8. Plaintiff is informed that failure to timely comply with the Magistrate Judge’s 14 recommendations and this order may result in dismissal of the action with □□□□□□□□□ 15 pursuant to Federal Rule of Civil Procedure 41(b). 16 IT IS SO ORDERED. 17 || Dated: December 3, 2019 18 1 Af fi EZ } 3 GA ° UNITED STATES DISTRICT TOD68 20 21 22 23 24 25 26 27 28