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Ramirez v. Parker

United States District Court, D. Oregon

December 16, 2014

MARICELA RAMIREZ, Plaintiff,
v.
MELANIE PARKER, M.D., STEPHANIE ANDERSON, M.D., LEGACY GOOD SAMARITAN MEDICAL CENTER; LEGACY EMANUEL MEDICAL CENTER; LMG NORTHEAST; DOES 1-100, Defendants.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge John V. Acosta issued Findings and Recommendation (#109) on November 7, 2014, in which he recommends the Court grant Defendants' Motion (#48) for Summary Judgment, grant Defendants' request for attorneys' fees within their Motion for Summary Judgment, deny Plaintiff's Motion (#77) for Leave to File Second Amended Complaint, deny all other pending Motions as moot, and dismiss this matter with prejudice. The Magistrate Judge also recommended, in effect, that this. Court direct Defendants to file a formal motion for attorneys' fees that comports with Local Rule 54-3.

Plaintiff filed timely Objections to the Findings and Recommendation. The matter is now before this.Court pursuant to 28 U.S.C. § 636(b) (1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de nova determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b) (1). See also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ( en banc ).

This Court has carefully considered Plaintiff's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de nova and does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#109) and, therefore, GRANTS Defendants' Motion (#48) for Summary Judgment, GRANTS Defendants' general request for attorneys' fees, DENIES Plaintiff's Motion (#77) for Leave to File Second Amended Complaint, DENIES all other pending Motions as moot, and DISMISSES this matter with prejudice.

The Court DIRECTS Defendants to prepare and to submit to the Magistrate Judge a formal motion for attorneys' fees that comports with Local Rule 54-3 no later than December 31, 2014.

IT IS SO ORDERED.


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