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Slep-Tone Entertainment Corp. v. Shea Family Corp.

United States District Court, D. Oregon

July 28, 2014

SLEP-TONE ENTERTAINMENT CORP., Plaintiff,
v.
SHEA FAMILY CORP., d/b/a HAVANA WEST; Defendant.

OPINION AND ORDER

MICHAEL J. McSHANE, District Judge.

Plaintiff filed this motion to dismiss, ECF No. 70, pursuant to Fed.R.Civ.P. 41(a)(2). In response, defendant "welcomes dismissal... on condition that" defendant receives attorney fees under 15 U.S.C. § 1117(a). See Def.'s Resp. to Pl.'s Mot. Dismiss 2, ECF No. 71. Judge Thomas M. Coffin issued a Findings and Recommendation (F & R) on May 21, 2014. The matter is now before this Court. See 28 U.S.C: § 636(b)(1)(B); Fed.R.Civ.P. 72(b).

Because no objections to the F & R were timely filed, this court reviews only the legal principles de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane); see also United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1988). Having reviewed the legal principles de novo, this Court finds no error in Judge Coffin's F &: R, ECF No. 73.

CONCLUSION

This Court ADOPTS Judge Coffin's F & R, ECF No. 73, in full Accordingly, plaintiff's motion to dismiss, ECF No. 70, is GRANTED without payment of fees by either party.[1]

IT IS SO ORDERED.


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