Harper v. Holland & Knight, LLP

Filing 47

OPINION AND ORDER. Upon careful review, I agree with Judge You's recommendation and ADOPT the F&R 41 as my own opinion. Defendant's Motion for Partial Summary Judgment 27 is GRANTED and Plaintiff's claims for common-law wrongful termination (3rd claim) and age-based hostile work environment (4th claim) are DISMISSED with prejudice Signed on 9/26/2017 by Chief Judge Michael W. Mosman. (pvh)

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

SUSAN F. HARPER
No. 3:16-cv-00111-YY
Plaintiff,
OPINION AND ORDER
v.

HOLLAND & KNIGHT LLP, a
foreign limited liability partnership
Defendant.

MOSMAN,J.,
On August 7, 2017, Magistrate Judge Youlee Yim You issued her Findings and
Recommendation ("F&R") [41], recommending that Defendant's Motion for Partial Summary
Judgment [27] should be GRANTED. Plaintiff Harper objected [43] and Defendant Holland &
Knight, LLP responded [44].

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 nova 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 nova 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 careful review, I agree with Judge You's recommendation and ADOPT the F&R
[41] as my own opinion. Defendant's Motion for Partial Summary Judgment [27] is GRANTED
and Plaintiffs claims for common-law wrongful termination (3rd claim) and age-based hostile
work environment (4th claim) are DISMISSED with prejudice.

IT IS SO ORDERED.
DATED this

·1;f;> day of September, 2017.

MICHAEL W. MOS
Chief United States Bi strict Judge

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