Owens v. Department of the Treasury-Internal Revenue Service et al

Filing 64

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings & Recommendation 62 . Accordingly, the motions to dismiss ( 31 , 53 ) Plaintiff's Complaint 2 are GRANTED. Accordingly, Plaintiff's claims against NTEU Defendan ts are dismissed with prejudice. Plaintiff's wrongful termination claim under Title VII and the Rehabilitation Act and her tortious interference claim against IRS Defendants are dismissed without prejudice. Plaintiff's FMLA wrongful termina tion claim against IRS Defendants is dismissed with prejudice. Further, the Court grants Plaintiff leave to file an amended complaint within fourteen (14) days from the date of this Order. IT IS SO ORDERED. Signed on 5/15/2018 by Judge Marco A. Hernandez. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

KONNI M. OWENS,

No. 3:17-cv-00639-SB
Plaintiff,

ORDER

v.

U.S. DEPARTMENT OF TREASURY,
INTERNAL REVENUE SERVICE,
NATIONAL TREASURY EMPLOYEES
UNION, DAVID SNIDER, TRAVIS PEONE,
KIM INHOFF, KATHY WINNETT,
SANDRA GROVER, RACHEL PARKER
JOLE, CARMEN TEMPLE, ELIZABETH
MILFORD, MOLLY BAINTER, THOMAS
SCHLATTER, and TERI M. JOHNSON,
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Stacie Beckerman issued a Findings and Recommendation (“F&R”)
[62] on March 19, 2018, in which she recommends that the Court grant Defendant National

1 – ORDER

Treasury Employees Union’s (“NTEU”) motion to dismiss [31] and Defendant Department of
Treasury, the Internal Revenue Service’s (“IRS”) motion to dismiss [53].
Because neither party timely filed an objection to the Magistrate Judge’s F&R, 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, the Court finds no
error.
CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman’s Findings & Recommendation [62].
Accordingly, the motions to dismiss [31, 53] Plaintiff’s Complaint [2] are GRANTED.
Accordingly, Plaintiff’s claims against NTEU Defendants are dismissed with prejudice.
Plaintiff’s wrongful termination claim under Title VII and the Rehabilitation Act and her tortious
interference claim against IRS Defendants are dismissed without prejudice. Plaintiff’s FMLA
wrongful termination claim against IRS Defendants is dismissed with prejudice. Further, the
Court grants Plaintiff leave to file an amended complaint within fourteen (14) days from the date
of this Order.
IT IS SO ORDERED.

DATED this

day of

, 2018.

____________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER