Providence Health Plan v. Skyles et al

Filing 38

ORDER. Accordingly, I ADOPT Magistrate Judge Hubel's Findings and Recommendation 31 . IT IS ORDERED that defendant Jackson's motion to dismiss 15 is GRANTED and defendant Skyles' motion to dismiss 16 is GRANTED in part, and DENIED in part. IT IS SO ORDERED. Signed on 06/15/2012 by Judge Malcolm F. Marsh. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PROVIDENCE HEALTH PLAN, an
Oregon nonprofit corporation,

03:11-cv-06273-HU
ORDER

Plaintiff,

v.
WILLIAM SKYLES, and KATHRYN E.
JACKSON,
Defendants.
MARSH, Judge
On April 9, 2012, Magistrate Judge Dennis J. Hube1 issued a
Findings and Recommendation recommending that Jackson's Motion to
Dismiss be granted,

and Skyles' Motion to Dismiss be granted in

part and denied in part.
28 U.S.C.

§

The matter is now before me pursuant to

636(b) (1) and Fed. R. Civ. P. 72(b).

Plaintiff

has

renewing

arguments

Defendant

Skyles

filed

timely

presented
also

filed

in

objections
its

timely

(#34),

briefing
objections

to

essentially
Judge

(#33),

echoing arguments previously presented to Judge Hube1.
parties have submitted responses to those objections.
1 - ORDER

Hube1.
largely
All the

(#35,

36,

37.)

When a 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.
U.S.C.

§

636(b) (1) (B);

McDonnell

Douglas

Corp.

v.

See 28

Commodore

Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert.
denied, 455 U.S. 920 (1982).
The court has given the file of this case a de novo review,
and also has carefully evaluated the Magistrate Judge's Findings
and Recommendation, the parties' objections, and the record of the
case.

The Findings and Recommendation is well-reasoned, without

error, and adopted in its entirety.
CONCLUSION

Accordingly,
Recommendation

I

ADOPT Magistrate Judge Hubel' s

(#31).

IT

IS

ORDERED that

Finding and

defendant

Jackson's

motion to dismiss (#15) is GRANTED, and defendant Skyles' motion to
dismiss (#16) is GRANTED in part, and DENIED in part.
IT IS SO ORDERED.
DATED this

~day

of JUNE, 2012.

7n~;l-M~

Malcolm F. Marsh
United States District Judge

2 - ORDER