DeWeese et al v. Cascade General Shipyard

Filing 104

OPINION AND ORDER: Granting in Part Denying in Part Defendant's Motion for Summary Judgment 52 ; Adopting Findings and Recommendation 96 . Signed on 8/1/11 by Judge Malcolm F. Marsh. (mkk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
Portland Division
LARRY DEWEESE and HOLLIS
STRICKLAND
Plaintiff,
v.
CASCADE GENERAL SHIPYARD,
Defendant.
PAUL M. OSTROFF
Lane Powell, PC
601 S.W. 2nd Ave., Ste 2100
Portland, OR 97204
[phone]
P.K. RUNKLES-PEARSON
VICTOR JOSEPH KISCH
Stoel Rives LLP
900 S.W. 5th Ave., Ste 2600
Portland, OR 97204
[phone]
Attorneys for Plaintiff

1 - OPINION AND ORDER

3:08-CV-860-JE
OPINION AND ORDER

On May 9, 2011, Magistrate Judge Jelderks issued a Findings
and Recommendation (#96) recommending Defendant’s Motion for
Summary Judgment (#52) be granted in part and denied in part.
The matter is before me pursuant to 28 U.S.C. § 636(b)(1)(B) and
Fed. R. Civ. P. 72(b).
If any party objects to any part of a Magistrate Judge's
Findings and Recommendation, the district court must review that
part of de novo.

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).
Plaintiffs and Defendant filed timely objections to parts of
the Findings and Recommendation.

On de novo review, I concur in

each of the Magistrate Judge's Findings and his Recommendation
and, therefore, I ADOPT his Findings and Recommendation (#96).
Defendant's

Motion for Summary Judgment (#52) is

GRANTED in part and DENIED in part as set forth therein.
IT IS SO ORDERED.
DATED this

1

day of August, 2011.

/s/ Malcolm F. Marsh
Malcolm F. Marsh
United States District Court Judge

2 - OPINION AND ORDER