Berger et al v. DIRECTV, Inc. et al

Filing 35

ORDER: The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation 33 , and therefore, Defendants' Motion to Dismiss 15 is denied in part and granted in part. See 2-page order attached. Signed on 4/16/2015 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ADAM BERGER and
MARK PATRICK,
Plaintiffs,

No. 3:14-cv-01661-PK

v.
DIRECTV, INC. and
DIRECTV, LLC,

ORDER
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation [33] on March 6, 2015,
in which he recommends that this Court deny in part and grant in part Defendants’ 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).
Because no objections to the Magistrate Judge's Findings and Recommendation were
timely filed, I am relieved of my obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt,
1 – ORDER

840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate
Judge's report to which objections have been made). Having reviewed the legal principles de
novo, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [33], and
therefore, Defendants’ Motion to Dismiss [15] is denied in part and granted in part.

IT IS SO ORDERED.
DATED this

day of

, 2015.

MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER