Zelpro Assembly Solutions, LLC et al v. Stingl Products, LLC et al

Filing 30

OPINION & ORDER: On August 5, 2011, Magistrate Judge Stewart issued her Findings and Recommendation (F&R) # 25 in the above-captioned case recommending that the motion to intervene filed by NAC Group, Inc. # 15 be granted. No objections were filed. Upon review, I agree with Judge Stewarts recommendation, and I ADOPT the F&R # 25 as my own opinion. Signed on August 31st, 2011 by Judge Michael W. Mosman. (eo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
ZELPRO ASSEMBLY SOLUTIONS, LLC et al.,
No. 3:11-cv-00519-ST
Plaintiffs,
OPINION AND ORDER
v.
STINGL PRODUCTS, LLC, et al.,
Defendants.

MOSMAN, J.,
On August 5, 2011, Magistrate Judge Stewart issued her Findings and Recommendation
(“F&R”) [25] in the above-captioned case recommending that the motion to intervene filed by
NAC Group, Inc. [15] be granted. No objections were filed.
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court is not bound by the recommendations of the magistrate judge,
but retains responsibility for making the final determination. The court is generally required to
make a de novo determination regarding those portions of the report or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the
court is not required to review, de novo or under any other standard, the factual or legal
conclusions of the magistrate judge as to those portions of the F&R to which no objections are
addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328

1 – OPINION AND ORDER

F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to
review the F&R depends on whether or not objections have been filed, in either case, I am free to
accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C).
Upon review, I agree with Judge Stewart’s recommendation, and I ADOPT the F&R [25]
as my own opinion.
IT IS SO ORDERED.
DATED this 31st day of August, 2011.

/s/ Michael W. Mosman____
MICHAEL W. MOSMAN
United States District Court

2 – OPINION AND ORDER