Alternative Legal Solutions, Inc. v. Ferman Management Services Corporation et al

Filing 223

ORDER: Defendants' Motion for Partial Summary Judgment 133 is GRANTED in part as to (1) the First Cliam; (2) the Fourth Claim and (3) the Fifth Claim and is otherwise DENIED; Granting Plaintiff's Motion for Partial Summary Judgment 135 on the issue of liability on Count II of the Third Claim (Breach of Contract); Adopting Findings and Recommendation 217 . Signed on 6/8/09 by Judge Garr M. King. (ljl)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON ALTERNATIVE LEGAL SOLUTIONS, INC., an Oregon corporation, dba COM PLI, ) ) ) ) Plaintiff, ) ) v. ) ) FERMAN MANAGEMENT SERVICES ) CORPORATION, a Florida corporation; ) MOSAIC INTERACTIVE, LLC, a Florida ) limited liability company; STEPHEN B. ) STRASKE II, individually, and JAMES S. ) GANTHER, individually, ) ) Defendants. ) ___________________________________ ) David S. Aman Jon P. Stride Ton kon Torp LLP 1600 Pioneer Tower 888 SW Fifth Avenue Portland, Oregon 97204 Attorneys for Plaintiff Page 1 - ORDER

Civil Case No. 07-880-ST ORDER

Kimberlee C. Morrow Sean M. Bannon Hof fma n, Hart & Wagner, LLP 1000 SW Broadway, Twentieth Floor Portland, Oregon 97205 Attorneys for Defendants

KING, Judge: The Honorable Janice M. Stewart, United States Magistrate Judge, filed Findings and Recommendation on May 5, 2009. Plaintiff filed timely objections to the Findings and Recommendation. When either party objects to any portion of a magistrate's Findings and Recommendation concerning a dispositive motion or prisoner petition, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). This court has, therefore, given de novo review of the rulings of Magistrate Judge Stewart. This court ADOPTS the Findings and Recommendation of Magistrate Judge Stewart dated May 5, 2009 in its entirety. IT IS HEREBY ORDERED that Plaintiff's Motion for Partial Summary Judgment (#135) is GRANTED on the issue of liability on Count II of the Third Claim (Breach of Contract). Defendants' Motion for Partial Summary Judgment (#133) is GRANTED in part as to: (1) the First Claim (violation of 18 U.S.C. § 1030(a)(5)(A)); (2) the Fourth Claim (tortious interference

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with contract); and (3) the Fifth Claim (tortious interference with prospective business relationship) and is otherwise DENIED. DATED this 8th day of June, 2009.

/s/ Garr M. King GARR M. KING United States District Judge

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