Evi v. Walmart Stores, Inc.

Filing 41

OPINION AND ORDER: Upon careful review, I agree with Judge You's recommendation and I ADOPT the F & R 38 as my own opinion. IT IS SO ORDERED. Signed on 9/21/2016 by Judge Michael W. Mosman. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

DEBORAH EVI,
No. 3:14-cv-01467-YY
Plaintiff,
OPINION AND ORDER
v.
WAL-MART STORES, INC.,
Defendant.
MOSMAN, J.,
On July 12, 2016, Magistrate Judge You issued her Findings and Recommendation [38],
recommending that Defendant’s Motion for Summary Judgment [23] and Plaintiff’s CrossMotion for Summary Judgment [31] should be DENIED. Defendant filed its Objections to the
Findings and Recommendation [40] on August 1, 2016. Plaintiff did not object to the Findings
and Recommendation.
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 careful review, I agree with Judge You’s recommendation and I ADOPT the F&R
[38] as my own opinion.
IT IS SO ORDERED.
21
DATED this ______ day of September, 2016.

/s/ Michael W. Mosman
____________________________
MICHAEL W. MOSMAN
Chief United States District Judge

2 – OPINION AND ORDER