Circle v. Western Conference of Teamsters Pension Trust

Filing 27

ORDER. The Court ADOPTS Magistrate Judge Youlee Yim You's Findingsand Recommendation (# 25 ) and, therefore, GRANTS Defendant's Motion (# 8 ) for Partial Dismissal of Plaintiff's Amended Complaint and Motion to Strike Jury Deman d. Accordingly, the Court DISMISSES with prejudice Plaintiff's Second, Third, and Fourth Claims for failure to state a claim. The Court also STRIKES Plaintiff's request for a jury trial. This matter is returned to the Magistrate Judge for further proceedings. IT IS SO ORDERED. Signed on 9/15/2017 by Judge Anna J. Brown. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

TRINA CIRCLE,

3:17-cv-00313-YY
Plaintiff,

ORDER

v.
WESTERN CONFERENCE OF TEAMSTERS
PENSION TRUST,
Defendant.

BROWN, Judge.
Magistrate Judge Youlee Yim You issued Findings and
Recommendation (#25) on August 13, 2017, in which she recommends
the Court grant Defendant Western Conference of Teamsters Pension
Trust’s Motion (#8) for Partial Dismissal of Plaintiff’s Amended
Complaint and Motion to Strike Jury Demand.

The matter is now

before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal
Rule of Civil Procedure 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).
1 - ORDER

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 does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Youlee Yim You’s Findings
and Recommendation (#25) and, therefore, GRANTS Defendant’s
Motion (#8) for Partial Dismissal of Plaintiff’s Amended
Complaint and Motion to Strike Jury Demand.

Accordingly, the

Court DISMISSES with prejudice Plaintiff’s Second, Third, and
Fourth Claims for failure to state a claim.

The Court also

STRIKES Plaintiff’s request for a jury trial.
This matter is returned to the Magistrate Judge for further
proceedings.
IT IS SO ORDERED.
DATED this 15th day of September, 2017.
/s/ Anna J. Brown
ANNA J. BROWN
United States Senior District Judge

2 - ORDER