Domion et al v. TriQuint Semiconductor, Inc.

Filing 76

OPINION AND ORDER. Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R 70 in full. I GRANT Defendant's Motion to Dismiss only as to the Plaintiff Parents' Count Five claims for parental loss of consortium and emotional distress damages, and I otherwise DENY Defendant's Motion to Dismiss. IT IS SO ORDERED. Signed on 7/9/2018 by Judge Michael W. Mosman. (gw)

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

PEDRO DOMION, ASHLEY DOMION AND
ASHLEY DOMION AS GUARDIAN AD
LITEM FOR NICHOLAS DOMION, a minor,
No. 3:16-cv-01852-SB
Plaintiff,
OPINION AND ORDER
v.

TRIQUINT SEMICONDUCTOR, INC., a
Delaware corporation,
Defendant.

MOSMAN,J.,
On June 11, 2018, Magistrate Judge Stacie F. Beckerman issued her Findings and
Recommendation (F&R) [70], recommending that I should GRANT Defendant's Motion to
Dismiss [59] only as to Plaintiff Parents' Count Five claims for parental loss of consortium and
emotional distress damages and that I should otherwise DENY Defendant's Motion to Dismiss.
Neither party objected.

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
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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)(l)(C). However, the court
is not required to review, de novo or under any other standard, the factual or legal conclusions of
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 review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R
[70] in full. I GRANT Defendant's Motion to Dismiss only as to the Plaintiff Parents' Count
Five claims for parental loss of consortium and emotional distress damages, and I otherwise
DENY Defendant's Motion to Dismiss.
IT IS SO ORDERED.

a<(h__

DATED this _ _ day of July, 2018.
l-

SMAN
Chief United States District Judge
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