Audubon Society of Portland et al v. Jewell et al

Filing 238

OPINION AND ORDER: Magistrate Judge Clarke's Findings and Recommendation 215 is adopted. Motions and cross-motions for summary judgment 143 , 146 , 157 , 159 , 161 , and 162 are GRANTED. Motion 148 is GRANTED in part and DENIED in part. The remaining motions, including motion to strike 232 , are DENIED. Signed on 4/6/2020 by Judge Michael J. McShane. Associated Cases: 1:17-cv-00069-CL, 1:17-cv-00098-CL, 1:17-cv-00468-CL, 1:17-cv-00531-CL (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
AUDOBAN SOCIETY OF PORTLAND,
et al.,
Plaintiffs,

1:17-cv-69-CL (lead)
1:17-cv-98-CL (trailing)
1:17-cv-468-CL (trailing)
1:17-cv-531-CL (trailing)

v.
JUDGMENT
RYAN ZINKE, et al.,
Defendants.
TULELAKE IRRIGATION DISTRICT, et al.,
Defendant-Intervenors.
_____________________________
MCSHANE, Judge:
Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 215),
and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b).
Numerous parties filed objections to the Findings and Recommendation. Accordingly, I have
reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp.
1 –ORDER

v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and
conclude the report is correct.
Magistrate Judge Clarke’s Findings and Recommendation (ECF No. 215) is adopted.
Motions and cross-motions for summary judgment ## 143, 146, 157, 159, 161, and 162 are
GRANTED. Motion # 148 is GRANTED in part and DENIED in part. The remaining motions,
including motion to strike # 232, are DENIED.
IT IS SO ORDERED.
DATED this 6th day of April, 2020.

_______/s/ Michael J. McShane________
Michael McShane
United States District Judge

2 –ORDER