Moutal et al v. Exel, Inc.

Filing 22

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation 16 , and therefore, Defendant's motion to dismiss Plaintiffs' punitive damages allegations 7 is denied. IT IS SO ORDERED. Signed on 4/19/2018 by Judge Marco A. Hernandez. (gw)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON ERIC MOUTAL and ANDREA NEWMAN, No. 3:17-cv-01444-SB Plaintiffs, v. EXEL, INC., ORDER Defendant. HERNANDEZ, District Judge: Magistrate Judge Beckerman issued a Findings & Recommendation (#16) on February 2, 2018, in which she recommends the Court deny Defendants' motion to dismiss. Defendant has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th 1 - ORDER Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). I have carefully considered Defendant's objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Beckerman's Findings & Recommendation [16], and therefore, Defendant's motion to dismiss Plaintiffs' punitive damages allegations [7] is denied. IT IS SO ORDERED. DATED this day of MARCO A. HERNANDEZ United States District Judge 2 - ORDER , 2018.

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