Opinion
Civil No. 00-173-AS
September 8, 2000
ORDER
Magistrate Judge Donald C. Ashmanskas filed his Findings and Recommendation on August 2, 2000. The matter is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed.R. Civ P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review. See § 636(b)(1)(C); Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174-5 (9th Cir. 1996). Having reviewed the legal principles de novo, I find no error.
Accordingly, I ADOPT Magistrate Ashmanskas' Findings and Recommendation #76. The motion (#6) of plaintiffs to certify a class pursuant to Fed.R.Civ.P. 23(a) and (b) is STAYED pending the court's assessment of the viability of plaintiffs' claims through dispositive motions. Plaintiffs' motion (#43) for leave of court to amend their complaint pursuant to Fed.R.Civ.P. 15(a) is DENIED for lack of jurisdiction. The motion (#52-1) of defendants, Regal Cinemas, Inc. and Cinemark USA, Inc., to dismiss, or in the alternative (#52-2) to stay plaintiffs' complaint, which is joined by defendant Century Theaters, Inc., (motion #60-1 and 60-2) is DENIED because plaintiffs were not required to exhaust administrative remedies.
IT IS SO ORDERED.