David

David v. Giurbino

Good Law
488 F. Supp. 2d 1048·2007 WL 925802·2007 U.S. Dist. LEXIS 19179
United States District Court, Southern District of CaliforniaMarch 16, 200706cv403 BTM(JMA)California5,544 words

Opinion

Opinion

Moskowitz, J.

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE WITH PREJUDICE

In a Report and Recommendation filed on January 22, 2007, Magistrate Judge Adler recommended that the Court grant Defendants’ Motion to Dismiss Plaintiffs Complaint and Strike Plaintiffs Claim for Punitive Damages. No objections were filed. The Court agrees with the Report and Recommendation and adopts it as the decision of the Court. Defendants’ Motion to Dismiss Plaintiffs Complaint and Strike Plaintiffs Claim for Punitive Damages is GRANTED, and Plaintiffs Complaint is DISMISSED WITH PREJUDICE. The Clerk shall enter final judgment dismissing the case with prejudice.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION RE GRANTING DEFENDANTS’ MOTION TO DISMISS COMPLAINT AND STRIKE PLAINTIFF’S CLAIM FOR PUNITIVE DAMAGES

This matter comes before the Court on Defendants’ Motion to Dismiss Complaint and Strike Plaintiffs Claim for Punitive Damages [Doc. No. 8]. Plaintiff has not filed an opposition to the motion. The Court found the motion suitable for submission without oral argument. For the reasons set forth below, the Court recommends that Defendants’ motion be GRANTED in its entirety.

I. FACTUAL…

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