Richardson et al v. Shubert et al

Filing 48

ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings & Recommendation 40 . Accordingly, Defendants' Motion to Dismiss 28 is denied. See 2-page order attached. Signed on 12/29/2014 by Judge Marco A. Hernandez. (mr)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON KELLY J. RICHARDSON, and JAMES POWELL, personally and as next friend for I.R., a minor, and S.P., a minor, No 3:14-cv-01027-ST Plaintiffs, ORDER v. EMILIE SCHUBERT, in her individual capacity, GINGER VAN WINKLE, in her individual capacity, ERIN WIRTZ, in her individual capacity, JENNIE SMITH, in her individual capacity, KRISTIN LEMON, in her individual capacity, CARLOS CRUTCH, in his individual capacity, LINDSEY VERNOOY, in her individual capacity, DANIELLE SANTILI-DAY, in her individual capacity, Defendants. HERNÁNDEZ, District Judge: Magistrate Judge Stewart issued a Findings and Recommendation [40] on November 14, 2014, in which she recommends that this Court deny Defendants’ Motion to Dismiss [28]. The 1 - ORDER matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Magistrate Judge's Findings & 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 Defendants’ objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Stewart’s Findings & Recommendation [40]. Accordingly, Defendants’ Motion to Dismiss [28] is denied. IT IS SO ORDERED. DATED this day of , 201_____. MARCO A. HERNÁNDEZ United States District Judge 2 - ORDER

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