Allen v. Northwest Permanente, P.C.

Filing 68

ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation 58 , GRANTS Defendant's Motion 39 for Summary Judgment, and DISMISSES this matter with prejudice. Signed on 03/07/2013 by Judge Anna J. Brown. See attached 4 page Order for full text. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ONA C. ALLEN,

3:12-CV-00402-ST

Plaintiff,

ORDER

v.
NORTHWEST PERMANENTE, P.C.
an Oregon corporation,
Defendant.

BROWN, Judge.
Magistrate Judge Janice M. Stewart issued Findings and
Recommendation (#58) on January 2, 2013, in which she recommends
the Court grant Defendant's Motion (#39) for Summary Judgment and
enter a judgment in favor of Defendant in this matter.

Plaintiff

and Defendant filed timely Objections to the Findings and
Recommendation.

The matter is now before this Court pursuant to

28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
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When any party objects to any portion of the Magistrate
Judge's Findings and Recommendation, the district court must make
a de novo determination of that portion of the Magistrate Judge's
report.

28 U.S.C. § 636(b)(1).

See also United States v. Reyna-

Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc); United
States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988).
I.

Defendant's Objection
Although Defendant does not object to the Magistrate Judge's

ultimate recommendation that the Court grant Defendant's Motion
for Summary Judgment, Defendant requests the Court make two
corrections to ensure the record accurately reflects the
undisputed facts.

In her consideration of Defendant's Motion,

the Magistrate Judge states the following:
1.

Defendant, through its Credentials Committee,
recommends and monitors the credentialing of
healthcare professionals employed by the Health Plan.

2.

Kaiser Foundation Health Plan of the Northwest
delegated the credentialing process to Defendant.

The record, however, establishes the following relevant facts are
undisputed:
1.

The Credentials Committee was formally known as the
Kaiser Permanente Northwest Credentials Committee.

2.

Pursuant to the Credentialing Policies and Procedures,
Kaiser Foundation Health Plan of the Northwest is

2 - ORDER

accountable for the credentialing and re-credentialing
of its employee practitioners.

Health Plan assigns

that responsibility to the Credentials Committee.

The

Credentials Committee reviews credentials of each
applicant and recommends the scope of credentials/
privileges.
Accordingly, Defendant seeks to ensure that the Court finds
(1) Defendant does not recommend and/or monitor the credentialing
of Kaiser Foundation Health Plan of the Northwest employees;
(2) Health Plan rather than Defendant is accountable for the
credentialing of its employee practitioners; (3) Health Plan did
not delegate the credentialing process to Defendant, but instead
assigned its responsibility for credentialing Health Plan
employees to the Credentials Committee; and (4) the Credentials
Committee is not Defendant's Credentials Committee, rather it is
an entity that may act on behalf of Health Plan, Kaiser
Foundation Hospitals, or Defendant.
Although the above facts do not alter the resolution of the
Motion before this Court, the Court finds the facts as Defendant
has set them out to be undisputed and, therefore, corrects the
Magistrate Judge's statement of the facts to reflect same.
II.

Plaintiff's Objections
In her Objections Plaintiff reiterates the arguments

contained in her Response to Defendant's Motion for Summary

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Judgment and stated at oral argument.

This Court has carefully

considered Plaintiff's Objections and concludes they do not
provide a basis to modify the Findings and Recommendation.

The

Court also has reviewed the pertinent portions of the record de
novo and does not find any error in the Magistrate Judge's
Findings and Recommendation.

CONCLUSION
The Court ADOPTS Magistrate Judge Stewart’s Findings and
Recommendation (#58), GRANTS Defendant's Motion (#39) for Summary
Judgment, and DISMISSES this matter with prejudice.
IT IS SO ORDERED.
DATED this 7th day of March, 2013.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

4 - ORDER