Spiva, Jr. v. Wal-Mart et al
OPINION AND ORDER: Adopting Magistrate Judge T. Mustafa Kasubhai's Findings and Recommendation 34 . Defendants' Motions to Dismiss 23 and 25 are denied. Signed on 3/6/2019 by Judge Michael J. McShane. (cp)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
LARRY R. SPIVA, JR.,
Case No. 6:18-cv-1024-MK
OPINION AND ORDER
WALMART, a Delaware corporation,
and JOYCE A. NEWTON, O.D., an
Magistrate Judge Mustafa T. Kasubhai filed a Findings & Recommendation (“F&R”) on
January 18, 2019, ECF No. 34, and the matter is now before this Court. See 28 U.S.C. §
636(b)(1)(B); Fed. R. Civ. P. 72(b). Although Defendants filed no objections, I have reviewed
the legal principles de novo. See United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir.
1998). I find no error and conclude that the F&R is correct. Judge Kasubhai’s F&R is adopted in
full. Defendants’ motions to dismiss and strike, ECF Nos. 23 and 25, are DENIED.
IT IS SO ORDERED.
DATED this 6th day of March, 2019.
/s/ Michael McShane________
Michael J. McShane
United States District Judge
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