Radish Seed Growers' Association et al v. Northwest Bank

Filing 95

OPINION AND ORDER: I have carefully considered plaintiff's objections and conclude there is no basis to modify the F&R. I have also reviewed the pertinent portions of the record de novo and find no errors in Judge Kasubhai's F&R. Accordingly, the Court ADOPTS Judge Kasubhai's F&R 66 . Signed on 5/27/2020 by Judge Ann L. Aiken. (ck)

Case 6:17-cv-00716-MK

Document 95

Filed 05/27/20

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

RADISH SEED GROWERS’ ASSOCIATION,
an Oregon cooperative; MID VALLEY
FARMS, INC., and Oregon corporation;
and KCK FARMS LLC, an Oregon limited
liability Company,

Case No. 6:17-cv-00716-MK
OPINION AND ORDER

Plaintiffs,
vs.
NORTHWEST BANK, a Pennsylvania statechartered savings association formerly known
as Northwest Savings Bank,
Defendant.

AIKEN, District Judge:
On April 29, 2019, Magistrate Judge Mustafa T. Kasubhai issued his Findings
and Recommendation (F&R) (doc. 66), concluding that this Court’s 2017 denial of
defendant’s Motion to Strike was a final appealable ruling under 28 U.S.C. § 1291
and recommending that defendant Northwest Bank’s Renewed Special Motion to
Strike (doc. 59) be denied as moot. Defendant filed timely objections. Accordingly,

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Case 6:17-cv-00716-MK

Document 95

Filed 05/27/20

Page 2 of 2

the Court must “make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Dawson v. Marshall, 561 F.3d 930, 932
(9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en
banc).
I have carefully considered plaintiff’s objections and conclude there is no basis
to modify the F&R. I have also reviewed the pertinent portions of the record de novo
and find no errors in Judge Kasubhai’s F&R. Accordingly, the Court ADOPTS Judge
Kasubhai’s F&R (doc. 66).
IT IS SO ORDERED.
27th
Dated this _____ day of May 2020.

/s/Ann Aiken
__________________________
Ann Aiken
United States District Judge

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