Dickson v. McMenamins, Inc.

Filing 38

OPINION AND ORDER. Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F & R 34 as my own opinion. Defendant's motion to dismiss 12 is DENIED. Defendant's motion for monetary sanctions 12 is GRANTED. Plaintiff's attorney will reimburse Defendant for costs incurred as a result of the discovery violation as set forth in the F & R. IT IS SO ORDERED. Signed on 1/17/2019 by Chief Judge Michael W. Mosman. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

VALERIE DICKSON,
Plaintiff,

No. 3:18-cv-00317-AC

V.

OPINION AND ORDER

McMENAMINS, INC.,
Defendant.

MOSMAN,J.,
On December 11, 2018, Magistrate Judge John V. Acosta issued his Findings and
Recommendation (F&R) [34], recommending that Defendant's Motion to Dismiss with
Prejudice and for Sanctions [12] should be GRANTED in paii and DENIED in part. Neither
party filed objections to the F&R.

DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The comi 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 pmiions of the repmi or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the
court is not required to review, de novo or under any other standard, the factual or legal

1 - OPINION AND ORDER

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)(l)(C).
CONCLUSION

Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R [34]
as my own opinion. Defendant's motion to dismiss [12] is DENIED. Defendant's motion for
monetary sanctions [12] is GRANTED. Plaintiff's attorney will reimburse Defendant for costs
incurred as a result of the discovery violation as set forth in the F &R.

IT IS SO ORDERED.
DATED this _ilaay of January, 2019.

Chief United

2 - OPINION AND ORDER