Moss et al v. United States Secret Service et al

Filing 351

ORDER: Adopting Findings and Recommendation 349 . Granting Unopposed Motion for Preliminary Approval of Class Action Settlement and Related Relief 347 . Class counsel is hereby directed to contact Courtroom Deputy Cathy Kramer at Cathy_K [e-mail] or [phone] to set a date for a fairness hearing. Class counsel shall then proceed with the notice plan as outlined in the motion for preliminary approval of the settlement. Signed on 9/21/2017 by Judge Ann L. Aiken. (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

MICHAEL MOSS, et al.,

Case No. I :06-cv-03045-C L
ORDER

Plaintiffs,
vs.
UNITED STATES SECRET SERVICE, et al.,
Defendants.

AIKEN, Judge:
Magistrate Judge Clarke filed his Findings and Recommendation ("F&R") (doc. 349) on
August 11, 2017. The matter is now before me. See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72.
Because the subject of Judge Clarke's F&R was an unopposed motion for preliminary approval
of a class action settlement, no objections were filed. Although this relieves me of my obligation
to perfo1m a de nova review, I retain the obligation to "make an informed, final determination."

Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983), overruled on other
grounds, United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en bane). The
Magistrates Act does not specify a standard of review in cases where no objections are filed.

Ray v. Astrue, 2012 WL 1598239, *I (D. Or. May 7, 2012). Following the recommendation of
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the Rules Advisory Committee, I review the F&R for "clear enor on the face of the record[.]"
Fed. R. Civ. P. 72 advisory committee's note (1983) (citing Campbell v. United States District

Court, 501 F.2d 196, 206 (9th Cir. 1974)); see also United States v. Vann, 535 U.S. 55, 64 n.6
(2002) (stating that, "[i]n the absence of a clear legislative mandate, the Advisory Committee
Notes provide a reliable source of insight into the meaning of'' a federal rule). Having reviewed
the file of this case, I find no clear error.
THEREFORE, IT IS HEREBY ORDERED that I ADOPT Judge Clarke's F&R (doc.
349). The Unopposed Motion for Preliminary Approval of Class Action Settlement and Related
Relief (doc. 347) is GRANTED. Class counsel is hereby directed to contact Courtroom Deputy
Cathy Kramer at Cathy [e-mail] or [phone] to set a date for a fairness
hearing. Class counsel shall then proceed with the notice plan as outlined in the motion for
preliminary approval of the settlement.
Dated this0<./

~f September 2017.
Ann Aiken
United States District Judge

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