United States of America v. Berst

Filing 35

ORDER: Adopting Findings and Recommendation 27 ; Granting Motion for Summary Judgment 15 . Signed on 9/20/12 by U.S. District Judge Michael R. Hogan. (sln)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
UNITED STATES OF AMERICA,
Plaintiff,
No. 6:11-cv-6370-TC
v.

ORDER
TRUMAN J. BERST, an individual
d/b/a ALTERNATIVE HEALTH &
HERBS REMEDIES,
Defendant.
Magistrate

Judge

Findings

and

Recommendation on August 2, 2012, in the above entitled case.

The

matter is now before me pursuant to 28 U.S.C.

and

Fed. R. Civ. P. 72(b).
a magistrate

judge's

Thomas

M.

Coffin

filed

§

636(b) (1) (B)

When either party objects to any portion of
Findings

and Recommendation,

the district

court must make a de novo determination of that portion of the
magistrate judge's report.

1

- ORDER

See 28 U.S.C.

§

636(b) (1); McDonnell

Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309,
1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982).
Defendant has filed objections.

In addition, defendant has

filed a motion to take judicial notice (#30) of the fact that Judge
Coffin's

proposed

order

of

summary

judgment

and

permanent

injunction is a word-for-word copy of the proposed consent decree
that the government attempted to the defendant agree to in the
first

I

place.

have given de novo

review of Magistrate Judge

Coffin's ruling.

I have also considered the motion for judicial

notice

supporting

and

Accordingly,

its
I

adopt

documents.

Magistrate

Judge

I

find

Coffin's

no

error.

Findings

Recommendation filed August 2, 2012, in its entirety.

and

The United

States' motion summary judgment (#15) is granted.

CONCLUSION
I

adopt

Magistrate

Recommendation(#27)

DATED this

2

- ORDER

Judge

Coffin's

Findings

filed August 2, 2012.

day of

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and