Andriesian v. Cosmetic Dermatology, Inc.

Filing 30

ORDER: The Court ADOPTS Magistrate Judge Stewarts Findings & Recommendation 25 . Therefore, Defendants Motion to Dismiss 15 is granted as to the alleged violations of ORS 646.608(1)(f), (t) and (u) in the First Claim; granted as to the Second Claim; and otherwise denied. See 2-page order attached. Signed on 4/28/2015 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

HILARY ANDRIESIAN, on behalf
of herself and all others similarly situated,
Plaintiff,

No. 3:14-cv-01600-ST

v.
COSMETIC DERMATOLOGY, INC.,
a Florida corporation,

ORDER

Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge Stewart issued a Findings and Recommendation [25] on March 3, 2015,
in which she recommends that this Court grant in part and deny in part Defendant’s Motion to
Dismiss [15]. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal
Rule of Civil Procedure 72(b).
Defendant filed timely objections to the Magistrate Judge’s Findings &
Recommendation. 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
1 – ORDER

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 Defendant’s 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 [25].
Therefore, Defendant’s Motion to Dismiss [15] is granted as to the alleged violations of ORS
646.608(1)(f), (t) and (u) in the First Claim; granted as to the Second Claim; and otherwise
denied.
IT IS SO ORDERED.

DATED this

day of

, 2015.

MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER