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Lauter v. Anoufrieva

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


July 14, 2009

KING BRETT LAUTER, PLAINTIFF,
v.
IRINA ANOUFRIEVA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable James V. Selna United States District Judge

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE [RE DKT. NOS. 75, 77, 78, 84, 109]

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint, all documents filed in connection with the pending motions to dismiss, motion to strike, and motions for summary judgment, and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), the parties' objections thereto, and the parties' responses to the objections.*fn1 The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made. The Court concurs with and adopts the Report and Recommendation with the following modifications: (1) Claim Ten is dismissed with leave to amend; and (2) Footnote 30, at page 23 is deleted.*fn2

IT IS HEREBY ORDERED: (1) the Motion to Dismiss is granted in part and denied in part;*fn3 (2) the Anoufrieva Motion is denied; (3) the Anti-SLAPP Motion is denied without prejudice; (4) Plaintiff's Summary Judgment Motions are denied; (5) to the extent plaintiff elects to amend those portions of the First Amended Complaint as to which leave to amend has been granted, plaintiff must file any Second Amended Complaint within twenty (20) days of the entry of this Order;*fn4 and (6) plaintiff is advised that the failure timely to file a Second Amended Complaint will result in this action proceeding solely on the remaining portions of the First Amended Complaint absent further order of the court.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Report and Recommendation on plaintiff and on defendants' counsel.

IT IS SO ORDERED.


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