Rentrak Corporation v. Burton et al

Filing 80

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation 69 ; GRANTS the Motion 6 to Dismiss of Defendants Vista Group International Limited and Numero Limited; GRANTS the Motion 12 to Dismiss of Defendant Joel Hedrick; DENIES Plaintiff Rentrak Corporation's Motion 27 to Dismiss; and DENIES as moot the Joint Motion 47 to Strike of Vista Group, Numero, and Hedrick. IT IS SO ORDERED. Signed on 11/30/2015 by Judge Anna J. Brown. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

RENTRAK CORPORATION, a
professional corporation,

3:15-CV-00458-SB
ORDER

Plaintiff,

v.
SIMON BURTON, an individual;
JOEL HEDRICK, an individual;
VISTA GROUP INTERNATIONAL
LIMITED, a New Zealand
limited company; and NUMERO
LIMITED, a New Zealand
limited company,
Defendants.

BROWN, Judge.
Magistrate Judge Stacie F. Beckerman issued Findings and
Recommendation (#69)

on September 28, 2015, in which she

recommends the Court grant the Motion (#6) to Dismiss of
Defendants Vista Group International Limited and Numero Limited;

1 - ORDER

grant the Motion (#12) to Dismiss of Defendant Joel Hedrick; deny
Plaintiff Rentrak Corporation's Motion (#27) to Dismiss; and deny
as moot the Joint Motion (#47) to Strike of Vista Group, Numero,
and Hedrick.

Plaintiff filed timely Objections to the portion of

the Findings and Recommendation in which the Magistrate Judge
recommended granting Vista Group and Numero's Motion to Dismiss.
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 nova determination of that portion of the Magistrate Judge's
report.

28 U.S.C.

F.3d 930, 932

§

636(b) (1)

See also Dawson v. Marshall,

561

(9th Cir. 2009); United States v. Reyna-Tapia, 328

F.3d 1114, 1121 (9th Cir. 2003) (en bane).
In its Objections Plaintiff reiterates the arguments
contained in its Response to Vista Group and Numero's Motion to
Dismiss and stated at oral argument.

This Court has carefully

considered Plaintiff'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
nova and does not find any error in the Magistrate Judge's
Findings and Recommendation.

2 - ORDER

CONCLUSION

The Court ADOPTS Magistrate Judge Beckerman's Findings and
Recommendation (#69); GRANTS the Motion (#6) to Dismiss of
Defendants Vista Group International Limited and Numero Limited;
GRANTS the Motion (#12) to Dismiss of Defendant Joel Hedrick;
DENIES Plaintiff Rentrak Corporation's Motion (#27) to Dismiss;

and DENIES as moot the Joint Motion (#47) to Strike of Vista
Group, Numero, and Hedrick.
IT IS SO ORDERED.
DATED this 30th day of November, 2015.

United States District Judge

3 - ORDER