Opinion
No. 3:17-cv-00639-SB
05-15-2018
KONNI M. OWENS, Plaintiff, v. U.S. DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE, NATIONAL TREASURY EMPLOYEES UNION, DAVID SNIDER, TRAVIS PEONE, KIM INHOFF, KATHY WINNETT, SANDRA GROVER, RACHEL PARKER JOLE, CARMEN TEMPLE, ELIZABETH MILFORD, MOLLY BAINTER, THOMAS SCHLATTER, and TERI M. JOHNSON, Defendants.
ORDER :
Magistrate Judge Stacie Beckerman issued a Findings and Recommendation ("F&R") [62] on March 19, 2018, in which she recommends that the Court grant Defendant National Treasury Employees Union's ("NTEU") motion to dismiss [31] and Defendant Department of Treasury, the Internal Revenue Service's ("IRS") motion to dismiss [53].
Because neither party timely filed an objection to the Magistrate Judge's F&R, the Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman's Findings & Recommendation [62]. Accordingly, the motions to dismiss [31, 53] Plaintiff's Complaint [2] are GRANTED. Accordingly, Plaintiff's claims against NTEU Defendants are dismissed with prejudice. Plaintiff's wrongful termination claim under Title VII and the Rehabilitation Act and her tortious interference claim against IRS Defendants are dismissed without prejudice. Plaintiff's FMLA wrongful termination claim against IRS Defendants is dismissed with prejudice. Further, the Court grants Plaintiff leave to file an amended complaint within fourteen (14) days from the date of this Order.
IT IS SO ORDERED.
DATED this 15 day of May, 2018.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge