James Sancho v. Vulcan Materials Company ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES SANCHO, individually and on No. 1:20-cv-00898-NONE-JLT behalf of other individuals similarly 12 situated, ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS TO 13 Plaintiff, DISMISS CLASS CLAIMS WITHOUT PREJUDICE 14 v. (Doc. No. 29) 15 VULCAN MATERIALS COMPANY, New Jersey corporation, 16 Defendant. 17 18 19 The court ordered the plaintiff to show cause why the class allegations should not be 20 dismissed without prejudice, due to the failure to seek class certification. (Doc. No. 26.) The 21 plaintiff responded and agreed that the class allegations should be dismissed without prejudice. 22 (Doc. No. 27 at 3.) On July 14, 2021, the court issued findings and recommendations to dismiss 23 the class claims without prejudice. (Doc. No. 29.) The findings and recommendations were 24 served on plaintiff and contained notice that objections were due within fourteen days. (Id. at 2.) 25 No objections have been filed to the pending findings and recommendations, and the deadline to 26 do so has now passed. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley 28 United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this court conducted a de novo review of 1 | the case. Having carefully reviewed the file, the court finds the findings and recommendations 2 | are supported by the record and proper analysis. 3 Accordingly, the court ORDERS: 4 1. The findings and recommendations dated July 14, 2021 (Doc. No. 29) are ADOPTED 5 IN FULL; and 6 2. The class claims are DISMISSED without prejudice. 7 g IT IS SO ORDERED. ~ 4 9 Dated: _ September 21, 2021 Da AD. 0 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28