Tolle et al v. Safeguard Properties Management, LLC et al

Filing 32

OPINION AND ORDER: Upon review, I agree with Judge Hubels recommendation, and I ADOPT the F&R 29 as my own opinion. Signed on 12/17/13 by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION DEBORAH TOLLE and JENNIFER AVERHOFF, No. 3:13-cv-00570-HU Plaintiffs, OPINION AND ORDER v. LISA DEMPSEY, dba The People’s Document Source, dba Allstate Property Group, Defendants. MOSMAN, J., Judge Hubel recommended [29] that Plaintiffs Deborah Tolle’s and Jennifer Averhoff’s motion for entry of default judgment [24] be granted. Neither party filed objections. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those portions of the report or any specified findings or recommendations within it to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those 1 – OPINION AND ORDER portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether objections have been filed, in either case I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1). Upon review, I agree with Judge Hubel’s recommendation, and I ADOPT the F&R [29] as my own opinion. IT IS SO ORDERED. DATED this 17th day of December, 2013. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Judge 2 – OPINION AND ORDER

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