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Simona Tanasescu v. the State Bar of California

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 19, 2012

SIMONA TANASESCU,
PLAINTIFF,
v.
THE STATE BAR OF CALIFORNIA, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Cormac J. Carney United States District Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint filed on May 11, 2011, the motion to dismiss filed by defendant The State Bar of California ("State Bar Motion"), the motion to dismiss filed by defendant E. Daniel Bors III ("Bors Motion"), the motion to dismiss filed by defendant Robert K. Johnson ("Johnson Motion"), the motion to dismiss filed by defendant Matthew M. Kremer ("Kremer Motion"), the motion to dismiss filed by defendant Jeffrey H. Sherter ("Sherter Motion"), all opposition and supplemental opposition papers filed by plaintiff and all supplemental and reply papers filed by defendants in connection with the foregoing Motions, all of the records herein, the Report and Recommendation of United States Magistrate Judge ("Report"), and plaintiff's Objection to the Report with accompanying Exhibits.*fn1 The Court has conducted a de novo review of those portions of the Report to which objections have been stated in writing.

Having completed its review, the Court accepts the findings and recommendations set forth in the Report and concludes that this action must be dismissed for the reasons stated in the Report. Accordingly, IT IS ORDERED that:

(1) The State Bar Motion is GRANTED pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure;

(2) The Bors III Motion, the Johnson Motion, the Kremer Motion, and the Sherter Motion are GRANTED pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure;

(3) The Complaint is dismissed without leave to amend; and

(4) Judgment shall be entered dismissing this action with prejudice.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on the parties.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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