Elsey v. Laury et al

Filing 66

ORDER: Adopting Magistrate Judge Clarke's Report and Recommendation 47 ; Granting Defendant Asante's Motion for Summary Judgment 39 . Signed on 10/16/2013 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
MICHELLE A. ELSEY and TOBY ELSEY,
husband and wife,

1:12-cv-707-CL
ORDER

Plaint_iffs,

v.
DR. DANIEL H. LAURY, et al.,
Defendants.

PANNER, District Judge:

Magistrate Judge Mark D. Clarke has issued a Report and
Recommendation (R&R), recommending that defendant Asante's motion
for summary judgment be granted.

Plaintiffs object to the R&R,

so I review this matter de novo.

See 28 U.S.C.

McDonnell Douglas Corp. v. Commodore Bus. Mach.,

1

- ORDER

§

636(b) (1) (C);
Inc.,

656 F. 2d

1309,, 1313 (9th Cir. 1981).

I agree with the R&R that Asante has

shown it is entitled to summary judgment on plaintiffs' claim
against it.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#47) is
adopted.

Defendant Asante's motion for summary judgment (#39) is

granted.
IT IS SO ORDERED.
DATED this ~ day of October, 2013.

OWEN M. PANNER
U.s~
DISTRICT JUDGE

2 - ORDER