Grove City Veterinary Service, LLC et al v. Charter Practices International, LLC

Filing 51

ORDER: The Court ADOPTS Magistrate Judge Acostas Findings and Recommendation 39 . Accordingly, the Court GRANTS Defendants Motion 18 to Dismiss and DISMISSES Count III of Plaintiffs Complaint without prejudice. The Court also GRANTS in p art and DENIES in part Plaintiffs Motion 29 for Leave to File First Amended Complaint. Plaintiffs may file a First Amended Complaintfor review by the Magistrate Judge as set out in the Findings and Recommendation no later than July 31, 2014. Signed on 07/09/2014 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

GROVE CITY VETERINARY
SERVICE, LLC, an Ohio limited
liability company; HEATHER M.
FEES, DVM, an individual;
and HEATHER FEES, DVM, LLC,
an Ohio limited liability
company,

3:13-CV-02276-AC
ORDER

Plaintiffs,
v.
CHARTER PRACTICES
INTERNATIONAL LLC, a Delaware
limited liability company,
Defendant.

BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and
Recommendation (#39) on May 15, 2014, in which he recommends this
Court grant Defendant’s Motion (#18) to Dismiss, dismiss Count
III of Plaintiffs’ Complaint without prejudice, and grant in part
and deny in part Plaintiffs’ Motion (#29) for Leave to File First
Amended Complaint.

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).
1 - ORDER

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 (#39).

Accordingly, the Court GRANTS Defendant’s

Motion (#18) to Dismiss and DISMISSES Count III of Plaintiffs’
Complaint without prejudice.

The Court also GRANTS in part and

DENIES in part Plaintiffs’ Motion (#29) for Leave to File First
Amended Complaint.

Plaintiffs may file a First Amended Complaint

for review by the Magistrate Judge as set out in the Findings and
Recommendation no later than July 31, 2014.
IT IS SO ORDERED.
DATED this 9th day of July, 2014.

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

2 - ORDER