Eagle Point Education Association/SOBC/OEA et al v. Jackson County School District No 9 et al

Filing 37

ORDER: Adopting Magistrate Judge Clarke's Report and Recommendation 31 ; Defendants' motion to dismiss 19 is granted as to plaintiffs' state law claims for declaratory relief, and as to the individual defendants, and otherwise denied. Signed on 7/1/2013 by Judge Owen M. Panner. (dkj) Modified on 7/1/2013 to correct typo (dkj).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
EAGLE POINT EDUCATION
ASSOCIATION, et al.,
No. 1:12-cv-00846-CL
Plaintiffs,
v.

JACKSON COUNTY SCHOOL
DISTRICT NO. 9, et al.,

ORDER

Defendants.

P~R,

District Judge:

Plaintiffs Eagle Point Education Association (the Union),
Dave Carrell, and Staci Boyer bring this civil rights action
against defendants Jackson County School District No. 9 (the
District), and the District's board of directors and
superintendent.

Plaintiffs claim that defendants infringed on

their First Amendment rights to express support for a strike of
Union members.

Plaintiffs seek declaratory and injunctive relief,

and nominal damages.

1 - ORDER

Defendants moved to dismiss for failure to state a claim.
Magistrate Judge Mark D. Clarke has filed a Report and
Recommendation, recommending that defendants' motion be granted
only as to plaintiffs' state law claims for declaratory relief,
and as to the individual defendants.
this court.

See 28 U.S.C.

§

The matter is now before

636(b) (1) (B), Fed. R. Civ. P. 72 (b).

Defendants have objected to the Report and .Recommendation, so I
review de novo.

28 U.S.C.

§

636(b) (1) (C); McDonnell Douglas Corp·.

v. Commodore Bus. Mach., Inc.,
1981).

656 F~ 2d 1309, 1313 (9th Cir.

After review, I adopt Magistrate Judge Clarke's Report and

Recommendation.

The Report and Recommendation thoroughly and

correctly analyzes the issues raised by defendants' motion to
dismiss.
CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#31) is
adopted.

Defendants' motion to dismiss

(#19) is granted as to

plaintiffs' state law claims for declaratory relief, and as to the
individual defendants, and otherwise denied.
IT IS SO ORDERED.
DATED this

--4--1-

day

OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER