James Sancho v. Vulcan Materials Company

Opinion

JAMES SANCHO, individually and on No. 1:20-cv-00898-NONE-JLT behalf of other individuals similarly situated, ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS TO Plaintiff, DISMISS CLASS CLAIMS WITHOUT PREJUDICE v. (Doc. No. 29) New Jersey corporation, Defendant.

The court ordered the plaintiff to show cause why the class allegations should not be dismissed without prejudice, due to the failure to seek class certification. (Doc. No. 26.) The plaintiff responded and agreed that the class allegations should be dismissed without prejudice. (Doc. No. 27 at 3.) On July 14, 2021, the court issued findings and recommendations to dismiss the class claims without prejudice. (Doc. No. 29.) The findings and recommendations were served on plaintiff and contained notice that objections were due within fourteen days. (Id. at 2.) No objections have been filed to the pending findings and recommendations, and the deadline to do so has now passed. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this court conducted a de novo review of the case. Having carefully reviewed the file, the court finds the findings and recommendations are supported by the record and proper analysis. Accordingly, the court ORDERS: 1. The findings and recommendations dated July 14, 2021 (Doc. No. 29) are ADOPTED IN FULL; and 2. The class claims are DISMISSED without prejudice. g IT IS SO ORDERED. ~ 4 Dated: _ September 21, 2021 Da AD. UNITED STATES DISTRICT JUDGE