Grainger v. Ensley et al

Filing 157

ORDER: Magistrate Judge Clarke's Findings and Recommendation (ECF No. 150 ) is adopted in full. Plaintiff's Motion to Strike (ECF No. 130 ) is GRANTED in part and DENIED in part as stated in the Findings and Recommendation. Defend ants' Amended Answer is due by March 31, 2023. The parties are to include their remaining claims and defenses in the Pretrial Order. The Court will address any objections at the Pretrial Conference. Signed on 3/21/2023 by Judge Michael J. McShane. (cp)

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Case 1:18-cv-01093-MC Document 157 Filed 03/21/23 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JONELL GRAINGER, as Personal Representative of the Estate of Joshua Todd Fischer, Plaintiff, v. Civ. No. 1:18-cv-01093-MC ORDER JOHN ENSLEY, ROBIN KATTER, JOHN WARD, CURRY COUNTY, and DYLAN ROBERTS, Defendants. _____________________________ MCSHANE, Judge: Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 150), and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b). Though no objections were filed, I review de novo. United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no error and conclude the report is correct. Magistrate Judge Clarke’s Findings and Recommendation (ECF No. 150) is adopted in full. Plaintiff’s Motion to Strike (ECF No. 130) is GRANTED in part and DENIED in part as stated in the Findings and Recommendation. Defendants’ Amended Answer is due by March 31, 2023. 1 –ORDER Case 1:18-cv-01093-MC Document 157 Filed 03/21/23 Page 2 of 2 The parties are to include their remaining claims and defenses in the Pretrial Order. The Court will address any objections at the Pretrial Conference. IT IS SO ORDERED. DATED this 21st day of March, 2023. /s/ Michael J. McShane Michael McShane United States District Judge 2 –ORDER

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