Rolex Watch U.S.A., Inc. v. Leland Stanford Hoffman, Jr.

Filing 31

ORDER: The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation 28 . Accordingly, the Court construes Defendant's Counterclaim merely as notice that Defendant intends to seek attorneys' fees if he is the prevailing party in this matter and, therefore, DENIES as moot Plaintiff's Motion 15 to Dismiss and DENIES Defendant's Motion 18 for Extension ofTime. Signed on 10/22/2012 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ROLEX WATCH U.S.A., INC.,
Plaintiff,

3:12-CV-00736-PK
ORDER

v.
LELAND STANFORD HOFFMAN, JR.,
Defendant.

BROWN, Judge.
Magistrate Judge Paul Papak issued Findings and
Recommendation (#28) on July 30, 2012, in which he recommends the
Court deny as moot Plaintiff Rolex Watch U.S.A., Inc.'s Motion
(#15) to Dismiss and deny Defendant Leland Stanford Hoffman,
Jr.'s Motion (#18) for Extension of Time.

The matter is now

before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and
Federal Rule of Civil Procedure 72(b).
1 - ORDER

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.

United States v. Reyna-

Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).

See also

United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988).
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 (#28).

Accordingly, the Court construes

Defendant's Counterclaim merely as notice that Defendant intends
to seek attorneys' fees if he is the prevailing party in this
matter and, therefore, DENIES as moot Plaintiff's Motion (#15) to
Dismiss and DENIES Defendant's Motion (#18) for Extension of
Time.
IT IS SO ORDERED.
DATED this 22nd day of October, 2012.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

2 - ORDER