T-Mobile West LLC v. Johnson Broderick Engineering LLC et al

Filing 69

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 64 . Defendants' Motion for Summary Judgment 53 is Granted and all claims against Defendants are Dismissed. Signed on 3/21/18 by Judge Michael W. Mosman. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

No. 3:15-CV-00798-PK

T-MOBILE WEST LLC,
Plaintiff,

v.

OPINION AND ORDER

JOHNSON BRODERICK ENGINEERING
LLC and TIM WOLDEN,
Defendants.

MOSMAN,J.,
On December 14, 2017, Magistrate Judge Paul Papak issued his Findings and
Recommendation (F&R) [64], recommending that Defendants' Motion for Summary Judgment
[53] should be GRANTED. Plaintiff objected [66]. Defendants responded [68].

DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court is not bound by the recommendations of the magistrate judge,
but retains responsibility for making the final determination. The court is generally required to
make a de novo determination regarding those portions of the report or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the court
is not required to review, de novo or under any other standard, the factual or legal conclusions of

1 - OPINION AND ORDER

the magistrate judge as to those portions of the F&R to which no objections are addressed. See

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R
depends on whether or not objections have been filed, in either case, I am free to accept, reject,
or modify any part of the F&R. 28 U.S.C. § 636(b)(l)(C).
Upon review, I agree with Judge Papak's recommendation and I ADOPT the F&R [64]
as my own opinion. Defendants' Motion for Summary Judgment [53] is GRANTED and all
claims against Defendants are DISMISSED.

IT IS SO ORDERED.
DATED this"t-( day of March, 2018.

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