Opinion
3:21-cv-05582-RAJ-BAT
10-10-2023
KIMBERLY DUNN, Plaintiff, v. BATES TECHNICAL COLLEGE, LIN ZHOU, Defendants.
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
The Honorable Richard A. Jones United States District Judge
This matter comes before the court on the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge (Dkt. # 28), Plaintiff Kimberly Dunn's (“Plaintiff”) objections and response to objections (Dkt. ## 31, 34), and Defendants Bates Technical College and Lin Zhou's (“Defendants”) Request for Clarification and Amendment (Dkt. #30) and response to objections (Dkt. # 33). Having reviewed the foregoing, along with the remaining record, the Court finds as follows:
Defendants request amendment of the Report and Recommendation to make clear that Magistrate Judge Tsuchida's analysis concerning Plaintiff's failure to file a tort claim with the State of Washington applies to Plaintiff's state-not federal-law claims regarding incidents alleged to have occurred after August 2018.
(1) The Court ADOPTS the Report and Recommendation.
(2) This Court MODIFIES the Report and Recommendation to the extent that Magistrate Judge Tsuchida's analysis concerning Plaintiff's failure to file a tort claim, located at pages 9-10, applies to Plaintiff's state law claims regarding incidents alleged to have occurred after August of 2018.
(3) The Motion for Summary Judgment of Defendants Bates Technical College and Lin Zhou (Dkt. # 15) is GRANTED. Plaintiff Kimberly Dunn's claims are DISMISSED WITH PREJUDICE.
(4) The Clerk is directed to send copies of this Order to the parties and to Judge Tsuchida.