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Villanueva v. Diamond Restaurant Management

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 4, 2009

ELVIR MARK VILLANUEVA, PLAINTIFF,
v.
DIAMOND RESTAURANT MANAGEMENT, BURGER KING ORGANIZATION, FORM UNKNOWN, LESA SIMPSON, MALISA BURROUGHS, DOES 1-10, 60 UNKNOWN DEFENDANTS, AND INDIVIDUALS UNIDENTIFIED, DEFENDANTS.

The opinion of the court was delivered by: Gary A. Feess United States District Judge

ORDER ADOPTING AMENDED REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. Section 636, the Court has reviewed the complaint and other papers along with the attached Amended Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, and has made a de novo determination.

IT IS ORDERED that: (1) the Amended Report and Recommendation IS APPROVED AND ADOPTED; (2) defendants Diamond Restaurant Management's and Lisa Simpson's motion to dismiss for insufficient service under Fed. R. Civ. P. 12(b)(5) is granted; (3) the Court finds plaintiff has not timely served defendants under Fed. R. Civ. P. 4(m); and (4) Judgment shall be entered dismissing the complaint and action without prejudice against all defendants.

IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order and the Magistrate Judge's Amended Report and Recommendation by the United States mail on plaintiff.

20091204

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