Williams v. Kohl's Department Stores, Inc. et al

Filing 99

ORDER: The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation 93 , and therefore, Plaintiff's motion for sanctions 37 is granted in part and denied in part; Plaintiff's motion for partial summary judgment 63 is granted in part and denied in part; and Defendants' motion for summary judgment 71 is granted in part and denied in part. See 2-page order attached. Signed on 6/5/2014 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
SIMON WILLIAMS, as Guardian Ad Litem
for MALCOM WILLIAMS, an individual,
Plaintiff,

No. 03:12-cv-01385-PK

v.
KOHL'S DEPARTMENT STORES, INC., a
business corporation; CINDY ISOM, an
individual; and RYAN MYERS, an
individual

ORDER

Defendants.
HERNANDEZ, District Judge:
Magistrate Judge Papak issued a Findings & Recommendation (#93) on March 31, 2014,
in which he recommends the Court grant in part and deny in part Plaintiff's motion for imposition
of sanctions, grant in part and deny in part Plaintiff's motion for partial summary judgment, and
grant in part and deny in part Defendants' motion for summary judgment.
Defendants have timely filed objections to the Findings & Recommendation. The matter

1 - ORDER

is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge's Findings &
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); Dawson v. Marshall, 561 F.3d 930, 932 (9th
Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
I have carefully considered Defendants' objections and conclude there is no basis to
modify the Findings & Recommendation. I have also reviewed the pertinent portions of the
record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation [#93], and
therefore, Plaintiff's motion for sanctions [37] is granted in part and denied in part; Plaintiff's
motion for partial summary judgment [63] is granted in part and denied in part; and Defendants'
motion for summary judgment [71] is granted in part and denied in part.
IT IS SO ORDERED.
DATED this

day of

MARCO A. HERNANDEZ
United States District Judge

2 - ORDER

, 2014.