Thames et al v. City of Portland et al

Filing 101

ORDER: Adopting the Magistrate's Findings and Recommendation 93 . OLCC Defendants' Motion to Strike 72 is Denied to the extent that it addresses Paragraph 44. Otherwise, the Motion to Strike 72 is Granted. OLCC Defendants ' Motion to Dismiss 72 is Denied. City Defendants' Motion to Dismiss 74 is also Denied. Plaintiff shall have ten days from the date of this Order (or by 6/18/2018) to file a second amended complaint consistent with Judge Papak's Findings & Recommendation regarding OLCC Defendants' Motion to Strike. Signed on 6/7/18 by Judge Marco A. Hernandez. (gm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DONNA THAMES and COLUMBIA BAR & GRILL INC., an Oregon Corporation, dba EXOTICA, Plaintiff, No. 3:16-CV-01634-PK v. ORDER CITY OF PORTLAND, a municipal corporation; STEVEN MARKS, JOHN ECKHART; DAVID LUSTER; JEFFREY BELL; SHANNON HOFFEDITZ; DAN MCNEAL; MIKE BOYER; MERLE LINDSEY; MARK KRUGER; and JASON TALLMADGE, Defendants. HERNÁNDEZ, District Judge: Magistrate Judge Papak issued a Findings and Recommendation [93] on March 6, 2018, in which he recommends that this Court grant in part and deny in part the Motion to Strike [72] filed by Defendants Eckhart, Hoffeditz, Lindsey, Marks, McNeal, and Tallmadge (“OLCC 1 - ORDER Defendants”), deny the Motion to Dismiss [72] filed by OLCC Defendants, and deny the Motion to Dismiss [74] filed by Defendants Kruger and Boyer (“City Defendants”). 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). Defendants filed timely objections to the Magistrate Judge’s Findings & Recommendation. City Def. Obj., ECF 98; OLCC Def. Obj., ECF 97. 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 has carefully considered Defendants’ objections and concludes there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings & Recommendation. /// /// /// /// /// /// /// /// /// 2 - ORDER CONCLUSION The Court ADOPTS Magistrate Judge Papak’s Findings and Recommendation [93]. OLCC Defendants’ Motion to Strike [72] is denied to the extent that it addresses ¶ 44. Otherwise, the Motion to Strike is granted. OLCC Defendants’ Motion to Dismiss [72] is denied. City Defendants’ Motion to Dismiss [74] is also denied. Plaintiff shall have ten days from the date of this Order to file a second amended complaint consistent with Judge Papak’s Findings & Recommendation regarding OLCC Defendants’ Motion to Strike. IT IS SO ORDERED. DATED this ________________ day of June, 2018. ____________________________________________________ MARCO A. HERNÁNDEZ United States District Judge 3 - ORDER

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