Moss et al v. United States Secret Service et al
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 firstname.lastname@example.org or (541) 431-4102 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
MICHAEL MOSS, et al.,
Case No. I :06-cv-03045-C L
UNITED STATES SECRET SERVICE, et al.,
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
Page I - OPINION AND ORDER
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 Kramer@ord.uscourts.gov or (541) 431-4102 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.
~f September 2017.
United States District Judge
Page 2 - OPINION AND ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?