Miller v. United Parcel Service, Inc.

Filing 41

ORDER: Adopting the Magistrate's Findings and Recommendation 39 . Defendant's Motion for Summary Judgment 23 is Denied. Signed on 3/9/16 by Judge Anna J. Brown. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

Tavis Miller,

3:14-CV-872-PK
Plaintiff,

ORDER

v.
United Parcel Service, Inc.,
Defendant.

MATTHEW C. ELLIS
Law Office of Matthew C. Ellis
621 SW Morrison St. Suite 1050
Portland, OR 97205
[phone]
Attorneys for Plaintiff
JOANNA T. PERINI-ABBOTT
CALVIN L. KEITH
Perkins Coie, LLP
1120 NW Couch Street, 10th Fl.
Portland, OR 97209-4128
[phone]
Attorneys for Defendant
BROWN, Judge.
Magistrate Judge Paul Papak issued Findings and
Recommendation (#39) on January 22, 2016, in which he recommended
this Court deny United Parcel Service, Inc.’s (UPS) Motion (#23)

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- ORDER

for Summary Judgment pursuant to the Federal Rule of Civil
Procedure 56.

The matter is now before this Court pursuant to 28

U.S.C. § 636(b)(1)(B) and the Federal Rule of Civil Procedure
72(b).
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.

United States v.

Reyna–Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

See also

Kimberly Day v. United Parcel Service, Inc., 2:09-CV-1261,
(D. Or. 2011).

Having reviewed the legal principles de novo, the

Court does not find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings and
Recommendation (#39).

Accordingly, the Court DENIES the

Defendant’s Motion (#23) for Summary Judgment.
IT IS SO ORDERED.
DATED this 9th day of March, 2016.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

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- ORDER