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Speers v. Pre-Employ.Com, Inc.

United States District Court, D. Oregon

July 23, 2014

APRIL SPEERS, Plaintiff,
v.
PRE-EMPLOY.COM, INC., Defendant.

BENJAMIN F. JOHNS JOSEPH G. SAUDER, Matthew D. Schelkopf, Chimicles & Tikellis LLP, Haverford, PA, CRAIG C. MARCHIANDO CYNTHIA B. CHAPMAN, MICHAEL A. CADDELL, Caddell & Chapman, Houston, TX, MARK A. FRIEL, STEVE D. LARSON, Stoll Stoll Berne Lokting & Shlachter, PC, Portland, OR, Attorneys for Plaintiff.

DEANNA L. WRAY RICHARD A. LEE, JUSTIN M. THORP, Bodyfelt Mount, LLP, Portland, OR, Attorneys for Defendant.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge Dennis J. Hubel issued Findings and Recommendation (#37) on May 13, 2014, in which he recommends this Court grant Defendant Pre-Employ.com, Inc.'s Motion (#21) to Dismiss pursuant to Federal Rule of Civil Procedure 12 and dismiss Plaintiff April Speers's claim for equitable relief with prejudice, Plaintiff's class allegations without prejudice, and Counts I and II in their entirety without prejudice. The matter is now before this Court pursuant to 28 U.S.C. ยง 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)( en banc ). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation (#37). Accordingly, the Court GRANTS Defendant's Motion (#21) to Dismiss and DISMISSES with prejudice Plaintiff's claims for equitable relief and DISMISSES without prejudice all of Plaintiff's class allegations and Counts I and II in their entirety with leave to replead no later than August 8, 2015, for consideration by the Magistrate Judge.

IT IS SO ORDERED.


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