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

Filing 137

ORDER - The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation 130 . Accordingly, the Court DENIES Defendant's Motion for Summary Judgment 109 . IT IS SO ORDERED. DATED this 21st day of June, 2016, by United States District Judge Anna J. Brown. (peg)

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 (#130) on March 24, 2016, in which he recommends
this Court deny Defendant’s Motion (#109) for Summary Judgment.
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).
When any party objects to any portion of the Magistrate
Judge's Findings and Recommendation, the district court must make
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- ORDER

a de novo determination of that portion of the Magistrate Judge's
report.

28 U.S.C. § 636(b)(1).

See also 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).
In its Objections Defendant reiterates the arguments
contained in its Motion for Summary Judgment, its Reply, and
stated at oral argument.

This Court has carefully considered

Defendant’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 Acosta's Findings and
Recommendation (#130).

Accordingly, the Court DENIES Defendant’s

Motion (#109) for Summary Judgment.
IT IS SO ORDERED.
DATED this 21st day of June, 2016.

/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

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- ORDER