LaFont v. Federal Express Corporation

Filing 25

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation 23 . Accordingly, the Court GRANTS Plaintiff's Motion 15 for Leave to Amend the Complaint solely to replace her statutory claims with contract clai ms subject to correcting the pleading deficiencies set out in the Findings and Recommendation and DENIES Defendant's Motion 20 to Supplement the Record. The Court returns this matter to the magistrate judge for further proceedings consistent with the Findings and Recommendation. IT IS SO ORDERED. Signed on 10/30/2017 by Judge Anna J. Brown. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

VERONIQUE M. LAFONT,
Plaintiff,
v.
FEDERAL EXPRESS CORPORATION,
dba Fed Ex, a Delaware
corporation.
Defendant.
LINDA L. MARSHALL
PMB 408
3 Monroe Parkway, Suite P
Lake Oswego, OR 97035
[phone]
Attorney for Plaintiff
BRIAN K. COLEMAN
Federal Express Corporation
3620 Hacks Cross Rd., Bldg. B-3rd Fl.
Memphis, TN 38125
[phone]
MICHAEL G. MCCLORY
Bullard Law
200 S.W. Market St, Suite 1900
Portland, OR 97201
[phone]
Attorneys for Defendant
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ORDER

3:16-cv-02072-SB
ORDER

BROWN, Judge.
Magistrate Judge Stacie F. Beckerman issued Findings and
Recommendation (#23) on September 22, 2017, in which she
recommends this Court grant Plaintiff’s Motion (#15) for Leave to
Amend the Complaint solely to replace Plaintiff's statutory
claims with contract claims subject to correcting the pleading
deficiencies set out in the Findings and Recommendation.

The

Magistrate Judge also recommends this Court deny Defendant’s
Motion (#20) to Supplement the Record.

The matter is now before

this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ.
P. 72(b).
Because no objections to the Magistrate Judge's Findings and
Recommendation were timely filed, this Court is relieved of its
obligation to review the record de novo.
561 F.3d 930, 932 (9th Cir. 2009).

See Dawson v. Marshall,

See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
Having reviewed the legal principles de novo, the Court finds no
error.

CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman’s Findings and
Recommendation (#23).

Accordingly, the Court GRANTS Plaintiff’s

Motion (#15) for Leave to Amend the Complaint solely to replace

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ORDER

her statutory claims with contract claims subject to correcting
the pleading deficiencies set out in the Findings and
Recommendation and DENIES Defendant’s Motion (#20) to Supplement
the Record.
The Court returns this matter to the magistrate judge for
further proceedings consistent with the Findings and
Recommendation.
IT IS SO ORDERED.
DATED this 30th day of October, 2017.

/s/ Anna J. Brown
ANNA J. BROWN
United States Senior District Judge

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ORDER