Moutal et al v. Exel, Inc.

Filing 52

ORDER: The Court adopts Magistrate Judge Beckerman's Findings and Recommendation 45 . Accordingly, Defendant's Motion for Summary Judgment on Punitive Damages Claim 28 is denied. IT IS SO ORDERED. Signed on 2/7/2019 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., a foreign corporation, ORDER Defendant. HERNÁNDEZ, District Judge: Magistrate Judge Beckerman issued a Findings and Recommendation [45] on December 21, 2018, in which she recommends that the Court deny Defendant’s Motion for Summary Judgment on Punitive Damages Claim [28]. The matter is now before the Court 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 1 - ORDER Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). The Court has carefully considered Defendant’s objections and concludes there is no basis to modify the Findings & Recommendation. The Court also reviewed the pertinent portions of the record de novo and finds no other errors in the Magistrate Judge's Findings & Recommendation. CONCLUSION The Court adopts Magistrate Judge Beckerman’s Findings and Recommendation [45]. Accordingly, Defendant’s Motion for Summary Judgment on Punitive Damages Claim [28] is denied. IT IS SO ORDERED. DATED this ________ day of ___________________, 2019. MARCO A. HERNÁNDEZ United States District Judge 2 - ORDER

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