Syrop v. Whole Foods Markets of the Pacific Northwest

Filing 29

Opinion and Order re Defendant's Motion for Summary Judgment 14 . ADOPTING Findings & Recommendation 27 . Signed on 11/12/15 by Judge Michael W. Mosman. (jlr)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

JOSHUA GABRIEL SYROP,
No. 3:14-cv-01293-ST
Plaintiff,
OPINION AND ORDER

v.
WHOLEFOODSMARKETOFTHE
PACIFIC NORTHWEST, a foreign
corporation,
Defendant.

MOSMAN,J.,
On October 20, 2015, Magistrate Judge Janice Stewart issued her Findings and
Recommendation (F&R) [27], recommending that Defendant's Motion for Summary Judgment
[14] should be GRANTED as to the claim for common law wrongful termination and DENIED
as to the claim for violation of O.R.S. 659A.199. No objections to the Findings and
Recommendation were filed.

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
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the court

1 - OPINION AND ORDER

is not required to review, de nova 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 FJd 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 anypait of the F&R. 28 U.S.C. § 636(b)(l)(C).
Upon review, I agree with Judge Stewart's recommendation and I ADOPT the F&R [27]
as my own opinion.
IT IS SO ORDERED.
DATED this

(trday ofNovember, 2015.

MICHAEL W. MOSMAN
United States District Judge

2 - OPINION AND ORDER