Wanke Cascade Distribution Ltd. v. Forbo Flooring, Inc.

Filing 106

ORDER: The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation 103 . Accordingly, the Court GRANTS Defendants Motion 87 for Extension of Time to Answer Second Amended Complaint. The Court also GRANTS Plaintiffs Motion 78 to Strike New Allegations with regard to the portion of paragraph 34 of Defendants Answer that refers to a breach of contract and DENIES Plaintiffs Motion to Strike in all other respects.The Court directs Defendant to file no later than May 1 , 2015, an amended answer that does not contain the reference to a breach of contract and that also moves the IVC allegations to the mitigation-of-damages paragraph. The matter is referred back to the Magistrate Judge for further proceedings. Signed on 04/17/2015 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

WANKE CASCADE DISTRIBUTION, LTD.,
an Oregon corporation,

3:13-cv-00768-AC
ORDER

Plaintiff,
v.
FORBO FLOORING, INC., a Delaware
corporation,
Defendant.
BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and
Recommendation (#103) on March 16, 2015, in which he recommends
this Court grant Defendant’s Motion (#87) for Extension of Time
to Answer Second Amended Complaint, grant Plaintiff’s Motion
(#78) to Strike New Allegations with regard to the reference to
Plaintiff’s breach of its contract with Defendant in paragraph 34
of the Answer, and deny Plaintiff’s Motion to Strike in all other
respects.
1

- ORDER

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).
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.
561 F.3d 930, 932 (9th Cir. 2009).

See Dawson v. Marshall,

See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
Having reviewed the legal principles de novo, the Court does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Acosta's Findings and
Recommendation (#103).

Accordingly, the Court GRANTS Defendant’s

Motion (#87) for Extension of Time to Answer Second Amended
Complaint.

The Court also GRANTS Plaintiff’s Motion (#78) to

Strike New Allegations with regard to the portion of paragraph 34
of Defendant’s Answer that refers to a breach of contract and
DENIES Plaintiff’s Motion to Strike in all other respects.
The Court directs Defendant to file no later than May 1,
2015, an amended answer that does not contain the reference to a
breach of contract and that also moves the IVC allegations to the

2

- ORDER

mitigation-of-damages paragraph.

The matter is referred back to

the Magistrate Judge for further proceedings.
IT IS SO ORDERED.
DATED this 17th day of April, 2015.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

3

- ORDER