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Grove City Veterinary Service, LLC v. Charter Practices International LLC

United States District Court, D. Oregon

July 9, 2014

GROVE CITY VETERINARY SERVICE, LLC, an Ohio limited liability company; HEATHER M. FEES, DVM, an individual; and HEATHER FEES, DVM, LLC, an Ohio limited liability company, Plaintiffs,
v.
CHARTER PRACTICES INTERNATIONAL LLC, a Delaware limited liability company, Defendant.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge John V. Acosta issued Findings and Recommendation (#39) on May 15, 2014, in which he recommends this Court grant Defendant's Motion (#18) to Dismiss, dismiss Count III of Plaintiffs' Complaint without prejudice, and grant in part and deny in part Plaintiffs' Motion (#29) for Leave to File First Amended Complaint. The matter is now before this Court pursuant to 28 U.S.C. ยง 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. See Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)( en banc ). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#39). Accordingly, the Court GRANTS Defendant's Motion (#18) to Dismiss and DISMISSES Count III of Plaintiffs' Complaint without prejudice. The Court also GRANTS in part and DENIES in part Plaintiffs' Motion (#29) for Leave to File First Amended Complaint. Plaintiffs may file a First Amended Complaint for review by the Magistrate Judge as set out in the Findings and Recommendation no later than July 31, 2014.

IT IS SO ORDERED.


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