Pelkey v. NuScale Power, LLC

Filing 34

ORDER: Adopting Findings and Recommendation 28 ; Denying Motion to Dismiss 1 . Signed on 8/16/2017 by Judge Ann L. Aiken. (ck)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION MARYLYN PELKEY, Case No. 6:17-cv-00399-TC ORDER Plaintiff, vs. NUSCALE POWER, LLC, Defendant. AIKEN, Judge: On June 27, 2017, Magistrate Judge Coffin filed his Amended Findings and Recommendation ("F&R") (doc. 28), recommending this Court deny defendant NuScale Power, LLC's motion to dismiss. The F&R is now before me pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72. I review de novo those portions of the R&R to which objection is made. 28 U.S.C. § 636(b)(l)(C); accord Fed. R. Civ. P. 72(b)(3); Holder v. Holder, 392 F.3d 1009, 1022 (9th Cir. 2004). I find no error in Judge Coffin's reasoning and agree that if the Amended Complaint is construed in plaintiffs favor, she did not receive "unequivocal notice" that she was being fired until April 6, 2015. Naton v. Bank of Cal., 649 F.2d 691, 695 (9th Cir. 1981). As a result, I cannot at this stage rule that plaintiffs claims are barred by the statute of limitations. I Page I - ORDER therefore ADOPT Judge Coffin's F&R (doc. 28) and DENY defendant's Motion to Dismiss (doc. 1). IT IS SO ORDERED. Dated this &fa~cof August 2017. ()Dli:tiZi,~U{_/ Ann Aiken United States District Judge Page 2 - ORDER

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