Opinion
No. 3:17-cv-01444-SB
04-19-2018
ERIC MOUTAL and ANDREA NEWMAN, Plaintiffs, v. EXEL, INC., Defendant.
ORDER :
Magistrate Judge Beckerman issued a Findings & Recommendation (#16) on February 2, 2018, in which she recommends the Court deny Defendants' motion to dismiss. Defendant has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
I have carefully considered Defendant's objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman's Findings & Recommendation [16], and therefore, Defendant's motion to dismiss Plaintiffs' punitive damages allegations [7] is denied.
IT IS SO ORDERED.
DATED this 19th day of April, 2018.
/s/_________
MARCO A. HERNANDEZ
United States District Judge