Ayala et al v. Cook Family Builders LLC et al
Filing
35
OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 33 . Plaintiffs' Motion for Attorney Fees 30 is Granted and the Cook Defendants are ordered to pay Plaintiffs' attorney fees in the amount of $14,210. Signed on 4/3/18 by Judge Michael W. Mosman. (gm)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
JUAN LOPEZ AYALA and MOSHE
DABOUB,
No. 3:17-CV-266-PK
Plaintiff,
OPINION AND ORDER
v.
COOK FAMILY BUILDERS LLC
and ZANE COOK,
Defendants.
MOSMAN, J.,
On March 6, 2018, Magistrate Judge Paul Papak issued his Findings and
Recommendation (F&R) [33], recommending that Plaintiffs’ Motion for Attorney Fees [30]
should be GRANTED and the Cook Defendants ordered to pay Plaintiffs’ attorney fees in the
amount of $14,210. No objections were filed.
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
make a de novo determination regarding those portions of the report or specified findings or
1 – OPINION AND ORDER
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(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)(1)(C).
Upon review, I agree with Judge Papak’s recommendation and I ADOPT the F&R [33]
as my own opinion. Plaintiffs’ Motion for Attorney Fees [30] is GRANTED and the Cook
Defendants are ordered to pay Plaintiffs’ attorney fees in the amount of $14,210.
IT IS SO ORDERED.
3rd
DATED this ____ day of April, 2018.
/s/ Michael W. Mosman
_______________________
MICHAEL W. MOSMAN
Chief United States District Judge
2 – OPINION AND ORDER
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