Thames et al v. City of Portland et al

Filing 142

ORDER: Adopting the Magistrate's Findings and Recommendation 134 . The Motion to Confirm Representation of Columbia Bar and Grill or to Dismiss 124 is Granted, and Plaintiff Columbia Bar & Grill is Dismissed with prejudice. Signed on 12/15/19 by Judge Marco A. Hernandez. (gm)

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

DONNA THAMES, COLUMBIA
BAR & GRILL, INC., an Oregon
Corporation, dba EXOTICA,
Plaintiffs,
v.
CITY OF PORTLAND, a municipal
Corporation; STEVEN MARKS; JOHN
ECKHART; DAVID LUSTER;
JEFFREY BELL; SHANNON
HOFFEDITZ; DAN MCNEAL; MIKE
BOYER; MERLE LINDSEY; MARK
KRUGER; JASON TALLMADGE,
Defendants.

HERNÁNDEZ, District Judge:

1 - ORDER

No. 3:16-cv-01634-JR
ORDER

Magistrate Judge Jolie Russo issued a Findings and Recommendation on October 25,
2019, in which she recommends that the Court grant Defendants Eckhart, Hoffeditz, Lindsey,
Marks, McNeal, and Tallmadge’s Motion to Confirm Representation of Columbia Bar and Grill
or to Dismiss [124]. Defendant City of Portland joined in the motion [127, 133]. The matter is
now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure
72(b).
Because no party objected to the Magistrate Judge’s Findings and Recommendation, the
Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia,
328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d
1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge’s
report to which objections have been made). Having reviewed the legal principles de novo, I
find no error.
CONCLUSION
The Court adopts Magistrate Judge Russo’s Findings and Recommendation [134].
Accordingly, the Motion to Confirm Representation of Columbia Bar and Grill or to Dismiss
[124] is granted, and Plaintiff Columbia Bar & Grill is DISMISSED with prejudice.
IT IS SO ORDERED.

DATED:

December 15, 2019

.

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER