Anderson et al v. Ross Island Sand & Gravel CO.

Filing 22

OPINION AND ORDER: Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R 20 in full. Plaintiffs' Motion for Attorney Fees 16 is GRANTED in part and DENIED in part. IT IS SO ORDERED. Signed on 11/12/2018 by Judge Michael W. Mosman. (gw)

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

ANDERSON, et al.,
No. 3:18-cv-00898-SB
Plaintiffs,
OPINION AND ORDER
V.

ROSS ISLAND SAND & GRAVEL CO.,
Defendant.

MOSMAN,J.,
On October 24, 2018, Magistrate Judge Stacie F. Beckerman issued her Findings and
Recommendation (F&R) [20], recommending that Plaintiffs' Motion for Attorney Fees [16] 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 nova 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 court
is not required to review, de nova or under any other standard, the factual or legal conclusions of

1 - OPINION AND ORDER

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 Beckerman's recommendation and I ADOPT the F&R
[20] in full. Plaintiffs' Motion for Attorney Fees [16] is GRANTED in part and DENIED in part.
IT IS SO ORDERED.
DATED this _(2 day of November, 2018.

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