Ramirez v. Parker et al

Filing 122

ORDER. The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation 109 and, therefore, GRANTS Defendants' Motion 48 for Summary Judgment, GRANTS Defendants' general request for attorneys 9; fees, DENIES Plaintiff's Motion 77 for Leave to File Second Amended Complaint, DENIES all other pending Motions as moot, and DISMISSES this matter with prejudice. The Court DIRECTS Defendants to prepare and to submit to the Magistrate Judge a formal motion for attorneys' fee that comports with Local Rule 54-3 no later than December 31, 2014. IT IS SO ORDERED. Signed on 12/16/2014 by Judge Anna J. Brown. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

MARICELA RAMIREZ,
Plaintiff,

3:13-CV-01772-AC
ORDER

v.
MELANIE PARKER, M.D.,
STEPHANIE ANDERSON, M.D.,
LEGACY GOOD SAMARITAN
MEDICAL CENTER; LEGACY
EMANUEL MEDICAL CENTER;
LMG NORTHEAST; DOES 1100,
Defendants.

BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and
Recommendation (#109) on November 7, 2014, in which he recommends
the Court grant Defendants' Motion (#48) for Summary Judgment,
grant Defendants' request for attorneys' fees within their Motion
1 -

ORDER

for Summary Judgment, deny Plaintiff's Motion (#77) for Leave to
File Second Amended Complaint, deny all other pending Motions as
moot, and dismiss this matter with prejudice.

The Magistrate

Judge also recommended, in effect, that this. Court direct
Defendants to file a formal motion for attorneys' fees that
comports with Local Rule 54-3.
Plaintiff 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
a de nova determination of that portion of the Magistrate Judge's
report.

28 U.S.C. § 636(b) (1).

F.3d 930, 932

See also Dawson v. Marshall, 561

(9th Cir. 2009); United States v. Reyna-Tapia, 328

F.3d 1114, 1121 (9th Cir. 2003) (en bane).
This Court has carefully considered Plaintiff'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 nova 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 (#109) and, therefore, GRANTS Defendants' Motion
2 - ORDER

(#48) for Summary Judgment, GRANTS Defendants' general request
for attorneys' fees, DENIES Plaintiff's Motion (#77) for Leave to
File Second Amended Complaint, DENIES all other pending Motions
as moot, and DISMISSES this matter with prejudice.
The Court DIRECTS Defendants to prepare and to submit to the
Magistrate Judge a formal motion for attorneys' fees that
comports with Local Rule 54-3 no later than December 31, 2014.
IT IS SO ORDERED.
DATED this 16th day of December, 2014.

ANNA J. BROWN
United States District Judge

3 - ORDER