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West v. Brookdale Senior Living Communities Inc.

United States District Court, D. Oregon, Portland Division

June 20, 2014

Cheryl West, Plaintiff,
v.
Brookdale Senior Living Communities Inc., Defendant.

OPINION AND ORDER

MICHAEL W. MOSMAN, District Judge.

Judge Hubel issued his Findings and Recommendation ("F&R") [27], recommending that the Motion to Compel Arbitration [4] be GRANTED and the case STAYED pending arbitration.

DISCUSSION

The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those portions of the report or any specified findings or recommendations within it to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether objections have been filed, in either case I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1).

Upon review, I agree with Judge Hubel's recommendation, and I ADOPT the F&R [27] as my own opinion. Defendant's Motion to Compel Arbitration [4] is GRANTED. The case is STAYED pending arbitration. A status report is due ninety days from the date of this Order.

IT IS SO ORDERED.


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