Willamette Crest Gaming, LLC et al v. Play N Trade Franchise, Inc. et al

Filing 15

ORDER: Granting Defendants' Motion to Compel or in the Alternative, to Dismiss for Improper Venue, # 4 ; and Adopting Findings and Recommendation, # 13 . Signed on 7/16/2009 by Judge Garr M. King. (da)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON WILLAMETTE CREST GAMING, LLC; ) JULIA WERNER; MICHAEL WERNER; ) DAVID GLAD; and TRICIA GLAD, ) ) Plaintiffs, ) ) v. ) ) PLAY N TRADE FRANCHISE, INC.; ) SAN CLEMENTE CAPITAL, LLC; ) CAAZ MANAGEMENT, LLC; T-STREET ) MANAGEMENT, INC.; RON SIMPSON; ) and YUVI SHMUL, ) ) Defendants. ) ___________________________________ )

Civil Case No. 09-461-ST ORDER

Dennis Steinman Kell Alterman Runstein 520 SW Yamhill Street, Suite 600 Portland , Oregon 97201 Attorney for Plaintiffs

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James M. Mulcahy Mul cah y Reeves LLP One Park Plaza, Suite 225 9th Floor Irvine , California 92614 Philip S. Van Der Weele K&L Gates LLP 222 SW Columbia Street, Suite 1400 Portland , Oregon 97201-6632 Attorneys for Defendants

KING, Judge: The Honorable Janice M. Stewart, United States Magistrate Judge, filed Findings and Recommendation on June 24, 2009. The matter is before this court. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review. Lorin Corp. v. Goto & Co., Ltd., 700 F.2nd 1202, 1206 (8th Cir. 1983); See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error. Accordingly, I ADOPT Magistrate Judge Stewart's Findings and Recommendation dated Ju ne 24, 2009 (#14) in its entirety.

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IT IS HEREBY ORDERED that defendants' Motion to Compel Arbitration or in the Alternative, to Dismiss for Improper Venue (#4) is GRANTED. The parties are directed to refer their claims to arbitration in accordance with § 11.03 of the franchise agreement. This case is dismissed. DATED this 16th day of July, 2009.

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

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