Opinion
Case No. 6:19-cv-01760-MK
05-27-2020
SANDRA J. COOKSEY, an individual, Plaintiff, v. DIAMOND RESORTS INTERNATIONAL CLUB, INC, a Florida corporation, Defendant
ORDER
:
Magistrate Judge Mustafa Kasubhai filed his Findings and Recommendations ("F&R") (doc. 54) recommending that defendant's motion to dismiss (doc. 4) be denied. This case is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b).
When either party objects to any portion of a magistrate judge's F&R, the district court must make a de novo determination of that portion of the magistrate judge's report. See 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert denied, 455 U.S. 920 (1982). Defendant has filed timely objections (doc. 15), and plaintiff has filed a timely response. (doc. 16) Defendant has also filed a reply (doc. 19) after obtaining leave from the Court. Thus, I review the F&R de novo.
Having considered the record and the arguments offered by plaintiff, the Court finds no error in Magistrate Judge Kasubhai's analysis. Therefore, the Court adopts the F&R (doc. 13). Thus, defendant's motion to dismiss (doc. 4) is DENIED.
IT IS SO ORDERED.
Dated this 27th day of May, 2020.
/s/Ann Aiken
Ann Aiken
United States District Judge