(PS) D-Q University Board of Trustees v. Williams ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 D-Q UNIVERSITY BOARD OF No. 2:19-cv-2177-JAM-EFB PS TRUSTEES, 12 Plaintiff, 13 ORDER v. 14 MICHAEL A. WILLIAMS, et al., 15 Defendants. 16 17 18 On September 14, 2020, 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. Defendants Sky Road Webb and 21 Michael A. Williams filed objections on September 28, 2020. Plaintiff filed a response to the 22 objections on October 2, 2020 and defendants filed a reply thereto on October 5, 2020. Those 23 filings were considered by the undersigned. 24 This court reviews de novo those portions of the proposed findings of fact to which 25 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 26 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 27 to any portion of the proposed findings of fact to which no objection has been made, the court 28 assumes its correctness and decides the motions on the applicable law. See Orand v. United 1 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 2 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 3 The court has reviewed the applicable legal standards and, good cause appearing, 4 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 5 Accordingly, IT IS ORDERED that: 6 1. The proposed Findings and Recommendations filed September 14, 2020, are 7 ADOPTED; and 8 2. The case is REMANDED to the Superior Court of the State of California in and for 9 the County of Yolo; and 10 3. The court declines to reach the merits of the remaining pending motions. 11 12 13 DATED: October 6, 2020 /s/ John A. Mendez 14 THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28