Ransier v. Crestline Construction Company, LLC et al

Filing 42

OPINION AND ORDER. Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R 30 as my own opinion. Defendant Kerr's Motion to Dismiss 8 is GRANTED in part and DENIED in part. Signed on 1/11/2019 by Judge Michael W. Mosman. (gw)

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

COREY RANSIER,
No. 3:18-cv-00406-SB
Plaintiff,
OPINION AND ORDER
v.
CRESTLINE CONSTRUCTION
COMPANY, LLC and ERIC KERR,
Defendants.

MOSMAN, J.,
On October 29, 2018, Magistrate Judge Stacie F. Beckerman issued her Findings and
Recommendation (F&R) [30], recommending that Defendant Kerr’s Motion to Dismiss [8]
should be GRANTED in part and DENIED in part. No objections were filed.

DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court 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 portions of the report or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the

1 – OPINION AND ORDER

court is not required to review, de novo or under any other standard, the factual or legal
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)(1)(C).
Upon review, I agree with Judge Beckerman’s recommendation and I ADOPT the F&R
[30] as my own opinion. Defendant Kerr’s Motion to Dismiss [8] is GRANTED in part and
DENIED in part.

IT IS SO ORDERED.
11th
DATED this ____ day of January, 2019.

_______________________
MICHAEL W. MOSMAN
Chief United States District Judge

2 – OPINION AND ORDER