Kamana O'Kala, LLC v. Lite Solar, LLC et al

Filing 45

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 36 . Plaintiff's Motion to Remand 9 is Granted and Defendants' Motion to Transfer Venue 14 is Denied as Moot. The action should be Remanded to the Multnomah County Circuit Court. Signed on 3/22/17 by Judge Michael W. Mosman. (gm)

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

KAMANA O’KALA, LLC,
No. 3:16-cv-01532-PK
Plaintiff,
OPINION AND ORDER
v.
LITE SOLAR, LLC, et al.,
Defendants.
MOSMAN, J.,
On February 13, 2017, Magistrate Judge Paul Papak issued his Findings and
Recommendation (“F&R”) [36], recommending that Plaintiff’s Motion to Remand [9] should be
GRANTED and Defendants’ Motion to Transfer Venue [14] should be DENIED as moot.
Defendants filed objections [39] and Plaintiff filed a response [43].
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)(1)(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)(1)(C).
Upon careful review, I agree with Judge Papak’s recommendations and ADOPT the F&R
[36] as my own opinion. Plaintiff’s Motion to Remand [9] is GRANTED and Defendants’
Motion to Transfer Venue [14] is DENIED as moot. The action should be REMANDED to the
Multnomah County Circuit Court.

IT IS SO ORDERED.
DATED this

22nd

day of March, 2017.

/s/ Michael W. Mosman_________
MICHAEL W. MOSMAN
Chief United States District Judge

2 – OPINION AND ORDER