MYOBY, LLC et al v. Equilon Enterprises, LLC

Filing 37

ORDER: Magistrate Judge Clarke's Report and Recommendation 33 is adopted. Defendant's motion to dismiss 20 is granted as to MYOBY's second and third claims for violation of ORS 650.245, and as to plaintiffs' claim for tortious breach of the duties of good faith and fair dealing, and otherwise denied. Signed on 8/14/2013 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
MYOBY, LLC, and ARS FRESNO,
·LLC,
No. 1:12-cv-2027-CL
Plaintiffs,
v.
EQUILON ENTERPRISES LLC, dba
Shell Oil Products US,

ORDER

Defendant.

PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a Report and
Recommendation, and the matter is now before this court.
U.S.C. § 636(b) (1) (B),

Fed. R. Civ. P. 72 (b).

objections have_been filed,
See Robbins v. Carey,

See 28

Although no

I review legal principles de novo.

481 F.3d 1143, 1147

(9th Cir. 2007).

I agree with the Report and Recommendation that defendant's
motion to dismiss should be granted in part and denied in part.

1 -

ORDER

I

adopt the Report and Recommendation.
CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#33) is
adopted.

Defendant's motion to dismiss (#20) is granted as to

MYOBY's second and third claims for violation of ORS 650.245, and
as to plaintiffs' claim for tortious breach of the duties of good
faith and fair dealing, and otherwise denied.
IT IS SO ORDERED.
DATED this

___j£_

day of August, 2013.

OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER