Moye v. Esco Corporation Workers Compensation Board

Filing 42

ORDER: The Court ADOPTS Magistrate Judge Jelderks Findings & Recommendation 35 . The Court grants Defendants Motion for Summary Judgment 8 , denies Defendants Motion to Dismiss 25 as moot, and denies Defendants request for sanctions. Accordingly, this case is dismissed with prejudice. Signed on 1/12/2017 by Judge Marco A. Hernandez. (joha)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

BRANDON MOYE, SR.,
Plaintiff,

No. 3:16-cv-01562-JE

v.
ORDER
ESCO CORPORATION, an
Oregon Corporation; and WORKERS
COMPENSATION BOARD,

Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Jelderks issued a Findings and Recommendation [35] on November 17,
2016, in which he recommends that this Court grant Defendant’s Motion for Summary Judgment
[8], deny Defendant’s Motion to Dismiss [25] as moot, and deny Defendant’s request for
sanctions. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal
Rule of Civil Procedure 72(b).

1 - ORDER

Plaintiff filed timely objections to the Magistrate Judge’s Findings & Recommendation.
ECF 40. When any party objects to any portion of the Magistrate Judge's Findings &
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); Dawson v. Marshall, 561 F.3d 930, 932 (9th
Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
The Court carefully considered Plaintiff’s objections and concludes there is no basis to
modify the Findings & Recommendation. The Court also reviewed the pertinent portions of the
record de novo and finds no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Jelderks’ Findings & Recommendation [35]. The
Court grants Defendant’s Motion for Summary Judgment [8], denies Defendant’s Motion to
Dismiss [25] as moot, and denies Defendant’s request for sanctions. Accordingly, this case is
dismissed with prejudice.1
IT IS SO ORDERED.

DATED this ________________ day of _________________________________ , 2016. 7
January
12

____________________________________________________
MARCO A. HERNÁNDEZ
United States District Judge

As Judge Jelderks noted, while Plaintiff names “Workers Compensation Board” in the caption of the
case, ESCO is the only defendant listed in the Complaint itself. Plaintiff does not object to Judge
Jelderks’ determination that granting summary judgment to ESCO disposes of this case.
1

2 - ORDER