Moreno Ortega v. Nissan North America, Inc.

Summary

The United States District Court for the Eastern District of California adopted in full the magistrate judge’s findings and recommendations concerning Defendant’s motion to dismiss. The court denied the motion as moot because Plaintiff had amended the complaint after the motion was filed and referred the case back to the magistrate judge for further proceedings.

Holdings

1. The findings and recommendations were supported by the record and proper analysis and were adopted in full after de novo review.
2. The motion to dismiss was denied as moot because plaintiff amended the complaint after the motion was filed, and the motion no longer targeted the operative pleading.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted after de novo review when no party filed objections.
2. Whether defendant's motion to dismiss should be denied as moot because plaintiff amended the complaint after the motion was filed.

Disposition

other