Ramirez v. Lincare, Inc.
Filing
35
OPINION AND ORDER: Upon review, I agree with Judge Stewarts recommendation, and I ADOPT the F&R 31 as my own opinion. Lincares Motion for Summary Judgment 16 is GRANTED against Mr. Ramirezs Second claim and otherwise DENIED. Signed on 7/7/15 by Judge Michael W. Mosman. (dls)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
JOSE RAMIREZ,
No. 3:14-cv-00836-ST
Plaintiff,
OPINION AND ORDER
v.
LINCARE, INC.,
a Florida corporation,
Defendant,
MOSMAN, J.,
On April 16, 2015, Magistrate Judge Stewart issued her Findings and Recommendation
(“F&R”) [31] in the above-captioned case, recommending that Defendant Lincare, Inc.’s
(“Lincare”) Motion for Summary Judgment [16] should be granted against Plaintiff Jose
Ramirez’s Second claim and otherwise denied. Lincare objected to the F&R, arguing that
summary judgment should be granted as to all claims.
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court is not bound by the recommendations of the magistrate judge,
but retains responsibility for making the final determination. The court is generally required to
make a de novo determination regarding those portions of the report or specified findings or
1 – OPINION AND ORDER
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court
is not required to review, de novo or under any other standard, the factual or legal conclusions of
the magistrate judge as to those portions of the F&R to which no objections are addressed. See
Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R
depends on whether or not objections have been filed, in either case, I am free to accept, reject,
or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C).
Upon review, I agree with Judge Stewart’s recommendation, and I ADOPT the F&R [31]
as my own opinion. Lincare’s Motion for Summary Judgment [16] is GRANTED against Mr.
Ramirez’s Second claim and otherwise DENIED.
IT IS SO ORDERED.
DATED this
7th
day of July, 2015.
/s/ Michael W. Mosman ___
MICHAEL W. MOSMAN
United States District Judge
2 – OPINION AND ORDER
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