(PS) Ortiz v. Gatestone & Co. International, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ANDREW R. ORTIZ; RENE ORTIZ, No. 2:18-cv-2479-JAM-EFB PS

AS TRUSTEE FOR ANDREW R.

ORTIZ, Plaintiffs, FINDINGS AND RECOMMENDATIONS 13 v.

GATESTONE & CO.

INTERNATIONAL, INC.,

15 Defendant.

17 This case is before the court on defendant’s motion to dismiss plaintiffs’ complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6) (ECF No. 3) and plaintiffs’ motion for default judgment and/or summary judgment (ECF No. 7). As discussed below, defendant’s motion should be granted, and plaintiffs’ motion denied.2 ///// ///// 24 This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to 25 28 U.S.C. § 636(b)(1) and Eastern District of California Local Rule 302(c)(21). 26 Because the court determined that oral argument would not be of material assistance to the court, the motions were submitted without appearance and without argument pursuant to Eastern District of California Local Rule 230(g). 28 I. …