Makaneole v. Solarworld Industries America, Inc. et al

Filing 210

ORDER: Adopting the Magistrate's Findings and Recommendation 198 . Plaintiff's Motion for Class Certification 164 is Granted. Signed on 5/29/18 by Judge Anna J. Brown. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

MICHAEL MAKANEOLE, individually
and on behalf of all similarly
situated,

3:14-CV-01528-PK
ORDER

Plaintiff,
v.
SOLARWORLD INDUSTRIES AMERICA,
INC.; SOLARWORLD INDUSTRIES
AMERICA, LP; SOLARWORLD
INDUSTRIES SERVICES, LLC;
SOLARWORLD POWER PROJECTS,
INC., RANDSTAD PROFESSIONALS US,
LP, and KELLY SERVICES, INC.,
Defendants.

BROWN, Senior Judge.
Magistrate Judge Paul Papak issued Findings and
Recommendation (#198) on March 7, 2018, in which he recommends
the Court grant Plaintiff’s Motion (#164) for Class
Certification.

1 - ORDER

Solarworld filed timely Objections to the Findings and
Recommendation.

The matter is now before this Court pursuant to

28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate
Judge's Findings and 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).

See also 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).
The Court has carefully considered Solarworld’s Objections
and concludes they do not provide a basis to modify the Findings
and Recommendation.

The Court also has reviewed the pertinent

portions of the record de novo and does not find any error in the
Magistrate Judge's Findings and Recommendation

CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings and
Recommendation (#198).

Accordingly, GRANTS Plaintiff’s Motion

(#164) for Class Certification.
IT IS SO ORDERED.
DATED this 29th day of May, 2018.
/s/ Anna J. Brown
ANNA J. BROWN
United States Senior District Judge
2 - ORDER