Foundation Fitness Products, LLC v. Free Motion Fitness

Filing 30

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings andRecommendation 23 , DENIES Defendant's Amended Motion 11 to Dismiss for Forum Non Conveniens, and GRANTS Plaintiff's Motion 20 for Leave to File Second Amended Complaint. Signed on 08/03/2015 by Judge Anna J. Brown. Associated Cases: 3:15-cv-00564-SB, 3:15-cv-00565-SB (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

3:15-CV-00564~SB

FOUNDATION FITNESS PRODUCTS,
LLC, an Oregon limited
liability company,

3:15-CV-00565-SB
ORDER

Plaintiff,

v.
FREE MOTION FITNESS, a
foreign corporation,
Defendant.

BROWN, Judge.

Magistrate Judge Stacie F. Beckerman issued Findings and
Recommendation (#23) on May 29, 2015, in which she recommends the
Court deny Defendant's Amended Motion (#11) to Dismiss for Forum
Non Conveniens and grant Plaintiff's Motion

File Second Amended Complaint.

(#20) for Leave to

Defendant 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).
1 - ORDER

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.
F.3d 930,

28

u.s.c.

§

636(b) (1).

See also Dawson v. Marshall,

561

932 (9'° Cir. 2009).

In its Objections Defendant reiterates the arguments
contained in its Amended Motion to Dismiss, its Reply to its
Amended Motion to Dismiss, and stated at oral argument.

This

Court has carefully considered Defendant'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 Beckerman's Findings and
Recommendation (#23), DENIES Defendant's Amended Motion (#11) to
Dismiss for Forum Non Conveniens, and GRANTS Plaintiff's Motion
(#20)

for Leave to File Second Amended Complaint.
IT IS SO ORDERED.
DATED this 3'ct day of August, 2015.

2 - ORDER