Opinion
Case No. 2:06CV981DAK.
September 11, 2007
ORDER AFFIRMING REPORT RECOMMENDATION
This case was assigned to United States District Court Judge Dale A. Kimball, who then referred it to United States Magistrate Judge David Nuffer under 28 U.S.C. § 636(b)(1)(B). Defendants filed a Motion to Dismiss and Partial Motion to Strike First Amended Complaint. On August 9, 2007, Magistrate Judge Nuffer issued a Memorandum Decision — Report and Recommendation to Grant Defendant's Motion to Dismiss and Deny Partial Motion to Strike First Amended Complaint. Neither party has objected to the Report and Recommendation, and the time for filing an objection has passed and no objection has been filed to the Report and Recommendation.
The court has reviewed the file de novo. The court approves and adopts the Magistrate Judge's Report and Recommendation in its entirety. Accordingly, the Partial Motion to Strike First Amended Complaint is DENIED and Defendants' Motion to Dismiss the First, Second, and Fourth Causes of Action is GRANTED. Defendant's Motion to Dismiss Defendant Sanyer is denied pending discovery.