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
--=~______,___·_ _ _ _ ,
20J)Z...
and
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?