Eden et al v. Ramirez

Filing 31

ORDER: Adopting Magistrate Judge Clarke's Findings and Recommendation 26 ; Motion to Dismiss for Failure to State a Claim 10 is granted in part and denied in part. Signed on 11/9/2017 by Judge Michael J. McShane. (cp)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DONNA EDEN, an individual; DAVID FEINSTEIN, an individual; and INNERSOURCE UNLIMITED, LTD., an Oregon Corporation, Plaintiffs, 1:17-cv-321-CL ORDER v. SHARI RAMIREZ, an individual; and HEALING HADS ENERGY RETREAT LLC, a Nevada limited liability company, Defendants. _____________________________ MCSHANE, Judge: Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 26), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Defendants 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. v. 1 –ORDER 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. 26) is adopted. The motion to dismiss (ECF No. 10) is GRANTED in part and DENIED in part. IT IS SO ORDERED. DATED this 9th day of November, 2017. _______/s/ Michael J. McShane________ Michael McShane United States District Judge 2 –ORDER

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