Voltage Pictures, LLC et al v. DOE-67.189.16.171

Filing 34

OPINION and ORDER - Adopting Judge Acosta's Findings and Recommendation 30 . Signed on 6/24/2015 by Judge Michael W. Mosman. (mja)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION VOLTAGE PICTURES, LLC, a California Limited Liability Company, and DALLAS BUYERS CLUB, LLC, a Texas Limited Liability Company, No. 6:14-cv-01407-AC Plaintiffs, OPINION AND ORDER v. PETER PECSOK, Defendant. MOSMAN, J., On April 29, 2015, Magistrate Judge Acosta issued his Findings and Recommendation (F&R) [30], recommending that Plaintiffs’ Motion for Attorney Fees [26] in the amount of $3,276.00 and costs in the amount of $525.00 should be GRANTED. 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)(1)(C). However, the court 1 – OPINION AND ORDER 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 Acosta’s recommendation and I ADOPT the F&R [30] as my own opinion. IT IS SO ORDERED. DATED this 24th day of June, 2015. /s/ Michael W. Mosman______ MICHAEL W. MOSMAN United States District Judge 2 – OPINION AND ORDER

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