Indergard v. Georgia-Pacific Corporation

Filing 83

ORDER: The court ADOPTS the Findings and Recommendation 81 . Defendant's Motion for Summary Judgment 70 is denied. Signed on 1/21/10 by Judge Ancer L. Haggerty. (mr)

FILED'lO.JAN 2114:14USDC-IJIP

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

KRIS INDERGARD, Plaintiff, Civil No. 06-1317-PK Portland Division ORDER

GEORGIA-PACIFIC CORPORATION, Defendant.

HAGGERTY, District Judge: Magistrate Judge Papak issued a Findings and Reconunendation [81] in this action that reconunended that defendant's Motion for Sununary Judgment [70] should be denied. The Findings and Reconunendation concluded that: I. Plaintiffs Complaint, taken as a whole, contained sufficient allegations to provide notice of her claim for an unlawful medical examination under 42 U.S.C. § 12112(d)(4)(A); 2. Plaintiffs Complaint sufficiently alleged a state law claim for an unlawful medical examination under ORS 659A.136; and

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3.

Plaintiff's EEOC charge and plaintiff's Complaint both involve defendant's response to plaintiff's request to return to work; plaintiff's medical examination claim is reasonably related to her EEOC claim such that she has not failed to exhaust her administrative remedies with regard to her medical examination claim. No objections were filed, and the matter is now before me pursuant to 28 U.S.C. §

636(b)(I)(B) and Federal Rule of Civil Procedure 72(b). When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation of the Magistrate Judge. Campbell v. United States Dist. Ct., SOl F.2d 196 (9th Cir. 1974). No clear error appears on the face of the record. This court adopts the Findings and Recommendation in its entirety. CONCLUSION For the foregoing reasons, the court adopts the Findings and Recommendation [81]. Defendant's Motion for Summary Judgment [70] is denied.
IT IS SO ORDERED.

DATED thisl!. day ofJanuary, 2010.

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Ancer 1. Haggerty United States District Judge

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