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Park & Flanders, LLC v. Brewster
United States District Court, D. Oregon, Portland Division
October 10, 2014
PARK & FLANDERS, LLC, a Delaware limited liability company, Plaintiff,
ROBERT C. BREWSTER, JR., individually, Defendant. ROBERT C. BREWSTER, JR., individually, Counter-Plaintiff,
BRIAN PEARCE, individually, UNICO, INC., and PARK & FLANDERS, LLC, a Delaware limited liability company, Counter-Defendants.
OPINION AND ORDER
MICHAEL W. MOSMAN, District Judge.
On September 17, 2014, Magistrate Judge Jelderks entered his Findings and Recommendation  ("F&R") in the above captioned case. Judge Jelderks recommended that Mr. Robert Brewster, Jr.'s Motion for Summary Judgment  be denied for the reasons set out in the F&R. No objections were filed.
The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de novo determination regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court is 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 or not 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)(C).
Upon review, I agree with Judge Jelderk's recommendation, and I ADOPT the F&R ...