Winningham v. Rafeal's Gourmet Diner, LLC et al

Filing 48

ORDER: Adopting Findings and Recommendation 41 ; Granting Motion to Certify the Class 20 . Signed on 1/17/2023 by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 1/17/2023.) (ck)

Case 6:22-cv-00382-MK

Document 48

Filed 01/17/23

Page 1 of 2

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

ADALINE WINNINGHAM, individually,
and on behalf of all others similarly situated,
et al,
Plaintiffs,

Case No. 6:22 cv 00382-MK
ORDER

v.
RAFEAL’S GOURMET DINER, LLC dba
THE NILE, an Oregon Limited Liability Company;
ABDRABARRASOOL M. BUESSA, an
Individual; and DOES, 1 through 10, inclusive,
Defendants.

Magistrate Judge Mustafa Kasubhai filed Findings and Recommendation
(“F&R”) (doc. 41) on December 19, 2022. The matter is now before me. See 28
U.S.C. § 636(b); Fed. R. Civ. P. 72. No objections have been timely filed. Although
this relieves me of my obligation to perform a de novo review, I retain the obligation
to “make an informed, final determination.” Britt v. Simi Valley Unified Sch. Dist.,
708 F.2d 452, 454 (9th Cir. 1983), overruled on other grounds, United States v.
Reyna-Tapia, 328 F.3d 1114, 1121–22 (9th Cir. 2003) (en banc). The Magistrates

Case 6:22-cv-00382-MK

Document 48

Filed 01/17/23

Page 2 of 2

Act does not specify a standard of review in cases where no objections are filed. Ray
v. Astrue, 2012 WL 1598239, *1 (D. Or. May 7, 2012).

Following the

recommendation of the Rules Advisory Committee, I review the F&R for “clear error
on the face of the record[.]” Fed. R. Civ. P. 72 advisory committee’s note (1983)
(citing Campbell v. United States District Court, 501 F.2d 196, 206 (9th Cir. 1974));
see also United States v. Vonn, 535 U.S. 55, 64 n.6 (2002) (stating that, “[i]n the
absence of a clear legislative mandate, the Advisory Committee Notes provide a
reliable source of insight into the meaning of” a federal rule). Having reviewed the
file of this case, I find no clear error.
THEREFORE, IT IS HEREBY ORDERED that I ADOPT Judge Mustafa
Kasubhai’s F&R (doc. 41).
Dated the 17th day of January, 2023.

________/s/Ann Aiken_______
Ann Aiken
United States District Judge