Opinion
2:20-06702 JFW (ADS)
12-05-2021
TERRI VANESSA TUCKER, Plaintiff, v. MUSIC ROYALTY CONSULTING, INC., Defendant.
ORDER ACCEPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
JOHN F. WALTER UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Third Amended Complaint (“TAC”) filed by Plaintiff Terri Vanessa Tucker, (Dkt. No. 42), Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint Pursuant to Rule 12(b)(6) (“Motion to Dismiss”), (Dkt. No. 104), Plaintiff's opposition to the Motion, (Dkt. No. 111), Defendant's Reply in Support of Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint Pursuant to Rule 12(b)(6), (Dkt. No. 112), the Report and Recommendation of United States Magistrate Judge, (Dkt. No. 125), and Defendant's Partial Objection to Report and Recommendation, (Dkt. No. 126). The Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections were made and overrules the objection. Accordingly, the Court accepts the finding and recommendations of the Magistrate Judge.
Accordingly, IT IS HEREBY ORDERED:
1. The Report and Recommendation, (Dkt. No. 125), is accepted:
2. Defendant's Motion to Dismiss is granted, (Dkt. No. 104);
3. Plaintiff is granted leave to amend the complaint only as to the two issues identified in the Report and Recommendation. Plaintiff must file her Fourth Amended Complaint by no later than January 3, 2022; and
4. The reference in this case pursuant to General Order No. 05-07 is withdrawn.