Joy v. AGC-International Union Of Operating Engineers Local 701 Defined Pension Benefit Plan

Filing 36

ORDER: The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation 34 . The Court GRANTS Plaintiff's Motion 14 for Summary Judgment and DENIES Defendant's Motion 16 for Summary Judgment. Signed on 07/03/2012 by Judge Anna J. Brown. See attached 3 page Order. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

JOHN D. JOY,

3:1l-CV-743-PK
ORDER
Plaintiff,

v.

AGC-INTERNATIONAL UNION OF
OPERATING ENGINEERS LOCAL 701
DEFINED PENSION BENEFIT PLAN,
Defendant.

RALPH E. WISER
Wiser & Associates
1 Centerpointe Drive, Suite 570
Lake Oswego, OR 97035
[phone]

Attorneys for Plaintiff
1 - ORDER

BRUCE A. RUBIN
JENNIFER J. ROOF
Miller Nash LLP
111 S.W. Fifth Avenue, Suite 3400
Portland, OR 97204
[phone]
Attorneys for Defendant

BROWN, Judge.
Magistrate Judge Paul Papak issued Findings and
Recommendation (#34) on April 24, 2012, in which he recommends
this Court to grant Plaintiff's Motion (#14) for Summary Judgment
and to deny Defendant's Motion (#16) for Summary Judgment.
Because no objections to the Magistrate Judge's Findings and
Recommendation were timely filed, this Court is relieved of its
obligation to review the record de novo.
U.S., 825 F.2d 216, 218.

(9 th Cir. 1987).

Shiny Rock Min. Corp v.
See also Lorin Corp.

v. Goto & Co., 700 F.2d 1202, 1206 (8 th Cir. 1983).

Having

reviewed the legal principles de novo, the Court does not find
any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings and
Recommendation (#34).

Accordingly, the Court GRANTS Plaintiff's

Motion (#14) for Summary Judgment and DENIES Defendant's Motion

2 - ORDER

(#16) for Summary Judgment.
IT IS SO ORDERED.
DATED this

~

day of July, 2012.

ANNA J. BROWN
united States District Judge

3 - ORDER