Tefera v. City Center Parking

Filing 51

ORDER: Adopting Findings and Recommendation, # 48 ; and Granting in Part, Denying in Part Motion for Summary Judgment, # 31 . See Order. Signed on 4/22/2009 by Judge Malcolm F. Marsh. (da)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON WONDWESEN TEFERA, Plaintiff, Civil No. 07-1413-ST ORDER

v. CITY CENTER PARKING, Defendant. MARSH, Judge. Magistrate Judge Stewart filed her Findings and Recommendation on February 20, 2009. The matter is now before

me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). When either party objects to any portion of the

Magistrate's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate's report.
1 - ORDER

See 28 U.S.C. § 636(b)(1)(C); McDonnell

Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). Defendant has filed timely objections. I have, therefore,

given the file of this case a de novo review. I find no error and, therefore, I ADOPT the Findings and Recommendation #48 of Magistrate Judge Stewart. Accordingly, defendant City Center Parking's Motion for Summary Judgment (#31) is DENIED as to Plaintiff's First and Second Claims for Relief alleging discrimination based on a denial of vacation leave and on a hostile work environment or constructive discharge, and as to the Sixth Claim for Relief based on a hostile work environment, and is GRANTED in all other respects. IT IS SO ORDERED. DATED this 22 day of April, 2009. /s/ Malcolm F. Marsh Malcolm F. Marsh United States District Judge

2 - ORDER