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Speers v. Pre-Employ.com, Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Jul 23, 2014
3:13-cv-01849-HU (D. Or. Jul. 23, 2014)

Opinion

3:13-cv-01849-HU

07-23-2014

APRIL SPEERS, Plaintiff, v. PRE-EMPLOY.COM, INC., Defendant.

BENJAMIN F. JOHNS JOSEPH G. SAUDER Matthew D. Schelkopf Chimicles & Tikellis LLP One Haverford Centre CRAIG C. MARCHIANDO CYNTHIA B. CHAPMAN MICHAEL A. CADDELL Caddell & Chapman MARK A. FRIEL STEVE D. LARSON Stoll Stoll Berne Lokting & Shlachter, PC Attorneys for Plaintiff DEANNA L. WRAY RICHARD A. LEE JUSTIN M. THORP Bodyfelt Mount, LLP Attorneys for Defendant


ORDER

BENJAMIN F. JOHNS
JOSEPH G. SAUDER
Matthew D. Schelkopf
Chimicles & Tikellis LLP
One Haverford Centre
CRAIG C. MARCHIANDO
CYNTHIA B. CHAPMAN
MICHAEL A. CADDELL
Caddell & Chapman
MARK A. FRIEL
STEVE D. LARSON
Stoll Stoll Berne Lokting & Shlachter, PC

Attorneys for Plaintiff DEANNA L. WRAY
RICHARD A. LEE
JUSTIN M. THORP
Bodyfelt Mount, LLP

Attorneys for Defendant

BROWN, Judge.

Magistrate Judge Dennis J. Hubel issued Findings and Recommendation (#37) on May 13, 2014, in which he recommends this Court grant Defendant Pre-Employ.com, Inc.'s Motion (#21) to Dismiss pursuant to Federal Rule of Civil Procedure 12 and dismiss Plaintiff April Speers's claim for equitable relief with prejudice, Plaintiff's class allegations without prejudice, and Counts I and II in their entirety without prejudice. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. Dawson v. Marshall, 561 F.3d 930, 932 (9 Cir. 2009) . See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9 Cir. 2003)(en banc). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation (#37). Accordingly, the Court GRANTS Defendant's Motion (#21) to Dismiss and DISMISSES with prejudice Plaintiff's claims for equitable relief and DISMISSES without prejudice all of Plaintiff's class allegations and Counts I and II in their entirety with leave to replead no later than August 8, 2015, for consideration by the Magistrate Judge.

IT IS SO ORDERED.

__________

ANNA J. BROWN

United States District Judge


Summaries of

Speers v. Pre-Employ.com, Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Jul 23, 2014
3:13-cv-01849-HU (D. Or. Jul. 23, 2014)
Case details for

Speers v. Pre-Employ.com, Inc.

Case Details

Full title:APRIL SPEERS, Plaintiff, v. PRE-EMPLOY.COM, INC., Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jul 23, 2014

Citations

3:13-cv-01849-HU (D. Or. Jul. 23, 2014)