Schwern v. Plunkett
Filing
25
ORDER: The Court adopts Magistrate Judge Papak's Findings and Recommendation 21 . Therefore, Plaintiff's motion to strike 4 pursuant to ORS § 31.150 is denied and the automatic stay of discovery is lifted. See 2-page order attached. Signed on 7/7/2014 by Judge Marco A. Hernandez. (mr)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MICHAEL G. SCHWERN,
Plaintiff,
v.
NÓIRÍN PLUNKETT,
Defendant.
Bear Wilner-Nugent
Counselor & Attorney at Law LLC
620 SW 5th Avenue, Suite 1008
Portland, OR 97204
Attorney for Plaintiff
Erin K. Olson
Law Office of Erin Olson, PC
2014 NE Broadway Street
Portland, OR 97232-1511
Attorney for Defendant
///
1 - ORDER
No. 3:14-cv-00146-PK
ORDER
HERNÁNDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation [21] on April 22, 2014,
in which he recommends that the Court deny Plaintiff’s motion to strike pursuant to ORS §
31.150. Plaintiff timely filed objections to the Findings and Recommendation. The matter is
now before me 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 novo determination of that portion of the
Magistrate Judge’s report. 28 U.S.C. § 636(b)(1); 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).
I have carefully considered Plaintiff’s objections and conclude that the objections do not
provide a basis to modify the recommendation. I have also reviewed the pertinent portions of the
record de novo and find no error in the Magistrate Judge’s Findings and Recommendation.
CONCLUSION
The Court adopts Magistrate Judge Papak’s Findings and Recommendation [21].
Therefore, Plaintiff’s motion to strike [4] pursuant to ORS § 31.150 is denied and the automatic
stay of discovery is lifted.
IT IS SO ORDERED.
DATED this
day of July, 2014.
MARCO A. HERNÁNDEZ
United States District Judge
2 - ORDER
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