Spiva, Jr. v. Wal-Mart et al

Filing 36

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)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON LARRY R. SPIVA, JR., Case No. 6:18-cv-1024-MK Plaintiff, v. OPINION AND ORDER WALMART, a Delaware corporation, and JOYCE A. NEWTON, O.D., an Oregon resident, Defendants. _______________________________ MCSHANE, Judge: 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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