Lifestyle Ventures, LLC v. County of Clackamas et al

Filing 78

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation (#74) and, therefore, GRANTS Defendants' Motion (#58) to Dismiss and DISMISSES this case with prejudice. IT IS SO ORDERED. Signed on 3/6/2018 by Judge Anna J. Brown. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
LIFESTYLE VENTURES, LLC,
an Oregon Limited Liability
Company,

3:15-CV-01291-SB
ORDER

Plaintiff,
v.
COUNTY OF CLACKAMAS, MICHAEL
MCALLISTER, and REBECCA
CENIGA, individually and in
their capacity as employees of
the Clackamas County Planning
Division,
Defendants.

BROWN, Senior Judge.
Magistrate Judge Stacie F. Beckerman issued Findings and
Recommendation (#74) on December 8, 2017, in which she recommends
the Court grant Defendants’ Motion (#58) to Dismiss.

Plaintiff

filed timely Objections to the Findings and Recommendation.
Defendants did not file any response to Plaintiff’s Objections.
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
1 - ORDER

Judge's Findings and Recommendation, the district court must make
a de novo determination of that portion of the Magistrate Judge's
report.

28 U.S.C. § 636(b)(1).

See also Decker v. Berryhill,

856 F.3d 659, 663 (9th Cir. 2017).
This Court has carefully considered Plaintiff’s Objections
in which Plaintiff reiterates and incorporates the arguments made
in its Response to Defendant’s Motion to Dismiss.

The Court

concludes on this record that Plaintiff’s Objections 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 (#74) and, therefore, GRANTS Defendants’ Motion
(#58) to Dismiss and DISMISSES this case with prejudice.
IT IS SO ORDERED.
DATED this 6th day of March, 2018.
/s/ Anna J. Brown
ANNA J. BROWN
United States Senior District Judge

2 - ORDER