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15-2496 - (PS) Martin v. American Automobile Association of Northern California Nevada and Utah et al


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15-2496 - (PS) Martin v. American Automobile Association of Northern California Nevada and Utah et al
June 15, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/14/2016 RECOMMENDING the Defendant's 6 Motion to Dismiss be granted as follows: (a) Plaintiff's claims for breach of contract, violation of 42 U.S.C. § 1981, and intentional infliction of emotional distress be dismissed with leave to amend, (b) Plaintiff's claims for violation of 42 U.S.C. §§ 1982, 1983, 28 U.S.C. § 1343, and punitive damages be dismissed without leave to amend; Plaintiff be granted 30 days from the date of service of any order adopting these findings and recommendations to file an amended complaint as provided herein. The amended complaint must bear the docket number assigned to this case and must be labeled First Amended Complaint. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Jackson, T)
July 22, 2016
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ORDER signed by District Judge Troy L. Nunley on 7/22/2016 ADOPTING 17 Findings and Recommendations and GRANTING 6 Motion to Dismiss as follows: Plaintiff's claims for breach of contract, violation of 42 U.S.C. § 1981, and intentional infliction of emotional distress are DISMISSED with leave to amend; Plaintiff's claims for violation of 42 U.S.C. §§ 1982, 1983, 28 U.S.C. § 1343, and punitive damages are DISMISSED without leave to amend. As Plaintiff filed her amended complaint on 7/15/2016, the portion of the magistrate judge's recommendation that Plaintiff be granted 30 days to file an amended complaint is NOT ADOPTED as moot. (Jackson, T)
September 8, 2016
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ORDER TO SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 9/7/2016 CONTINUING the Motion Hearing on 22 Motion to Dismiss to 10/12/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; ORDERING the plaintiff to show cause, in writing, by 9/28/2016, why sanctions should not be imposed for failure to timely file an opposition or statement of non-opposition to the pending 22 Motion to Dismiss; ORDERING the plaintiff to file an opposition to the 22 Motion to Dismiss, or statement of non-opposition thereto, by 9/28/2016; CAUTIONING the plaintiff that a failure to file an opposition to the pending 22 Motion to Dismiss will be deemed a statement of non-opposition thereto and may result in a recommendation that this action be dismissed for lack of prosecution and/or for failure to comply with court orders and this court's Local Rules; ORDERING the defendant to file a reply by 10/5/2016. (Michel, G.)
February 10, 2017
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FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/9/2017 RECOMMENDING that the 22 Motion to Dismiss be granted and that this action be dismissed for lack of subject matter jurisdiction; REFERRING this matter to Judge Troy L. Nunley; ORDERING that any objections be filed within fourteen days. (Michel, G.)