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)

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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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