Hunter v. Redhawk Network Security LLC

Filing 46

ORDER: Adopting Judge Jolie A. Russo's Findings and Recommendation 33 ; Defendant's Motion to Dismiss Case for Lack of Jurisdiction 22 is denied. Signed on 8/30/2018 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ZACHARY HUNTER,
Plaintiff,

Civ. No. 6:17-cv-0962-JR

v.

ORDER

REDHAWK NETWORK SECURITY, LLC,
Defendant.
_____________________________
MCSHANE, Judge:
Magistrate Judge Jolie A. Russo filed a Findings and Recommendation (ECF No. 33),
and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72.
Plaintiff filed objections to the Findings and Recommendation. Accordingly, I have reviewed the
file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore
Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude the report is
correct. The report correctly analyzes the five factors of the “arms-of-the-tribe” analysis to
conclude that Defendant is not an “arm-of-the-tribe.” Magistrate Judge Russo’s Findings and
Recommendation (ECF No. 33) is adopted. Defendant’s motion to dismiss for lack of subject
matter jurisdiction is DENIED.
IT IS SO ORDERED.
DATED this 30th day of August, 2018.
_____/s/ Michael J. McShane_____
Michael McShane
United States District Judge
1 – ORDER