ORDER PANNER, District Judge. Magistrate Judge Mark D. Clarke has filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. 636(b)(1)(B), Fed.R.Civ.P. 72(b). When either party objects to any portion of a Magistrate Judge's Findings and Recommendation, the district court reviews that portion of the Magistrate Judge's report de novo. 28 U.S.C. 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309 , 1313 (9th Cir.1981). Here,...
FINDINGS AND RECOMMENDATION JOHN JELDERKS, Magistrate Judge. Plaintiff Stellar J Corporation (Stellar J) brings this action against defendant Smith & Loveless, Inc. (Smith). Smith asserts counterclaims, and asserts third-party claims against Travelers Casualty and Surety Company of America (Travelers). Defendant Smith moves for summary judgment on all of plaintiff Stellar J's claims. The motion should be granted in part and denied in part as set out below. Background This action arises...
OPINION AND ORDER AIKEN, Chief Judge: This is a diversity action arising out of a dispute concerning the parties' rights, duties, and obligations under a series of insurance policies. Plaintiff Willmar Development, LLC ("Willmar") alleges, among other things, that Defendants Illinois National Insurance Company and Lexington Insurance Company (collectively, "AIG") breached its duty to defend Willmar while it was covered under AIG's insurance policies. Willmar filed a motion for partial summary...
OPINION AND ORDER ACOSTA, United States Magistrate Judge: Findings and Recommendation Plaintiff Lindsay K. Hunt ("Hunt"), filed this action against her former employer, the City of Portland (the "City"), as well as various police officers, including William Hubner, Joseph Schilling, Eric Hendricks, Bryan Parman, and Judy Brumfield (collectively "Defendants"). After dismissing various claims against various defendants, the claims that remain, as set forth in the Second Amended Complaint...
OPINION AND ORDER MALCOLM F. MARSH, District Judge. Plaintiff Karen Wells seeks judicial review of the Commissioner's final decision denying her August 3, 2006, application for supplemental security income (SSI) under Title XVI Of the Social Security Act, 42 U.S.C. 1381-1383f. For the following reasons, I REVERSE the Commissioner's final decision denying plaintiff's SSI claim and REMAND this matter for the immediate payment of benefits. Plaintiff was 45 years old on the date the...
OPINION AND ORDER ANNA J. BROWN, District Judge. Plaintiff Georgia E. Fullmer seeks judicial review of a final decision of the Commissioner of the Social Security Administration (SSA) in which he denied Plaintiff's applications for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) under Titles II and XVI of the Social Security Act respectively. This Court has jurisdiction to review the Commissioner's decision pursuant to 42 U.S.C. 405(g). Following a review of the...
OPINION AND ORDER JOHN JELDERKS, Magistrate Judge. Plaintiff Anna Hillman-Killian brings this action pursuant to 42 U.S.C. 405(g) seeking review of a final decision of the Commissioner of Social Security (the Commissioner) denying her application for Social Security Disability Insurance Benefits. Plaintiff seeks an Order remanding this action to the Social Security Administration (the Agency) for an award of benefits. For the reasons set out below, the decision of the Commissioner is...
ORDER ANNA J. BROWN, District Judge. Magistrate Judge John Jelderks issued Findings and Recommendation (#18) on September 15, 2010, in which he recommends this Court affirm the Commissioner's decision in which he found Plaintiff was not disabled between the alleged onset of his disability on June 16, 2005, and the expiration of his insured status on December 31, 2005. Plaintiff filed timely Objections (#21) to the Findings and Recommendation. The matter is now before this Court pursuant to...
OPINION & ORDER ANCER L. HAGGERTY, District Judge. Petitioner Luis Hernandez seeks to quash a summons issued by the Internal Revenue Service (IRS) to "Wells Fargo Bank National Association." Respondent United States moves to dismiss the petition for failure to properly effect service or alternatively, for failure to state a claim. I grant the motion. Attached as Exhibit A to the petition to quash is a copy of the Summons issued by the IRS. It is addressed to "Wells Fargo Bank National...
ORDER ANCER L. HAGGERTY, District Judge. Plaintiff Luis Hernandez seeks to quash a summons issued by the Internal Revenue Service (IRS) to "Wells Fargo Bank National Association." Defendant United States moves to dismiss the petition for lack of subject matter jurisdiction. I grant the motion. Plaintiff initially filed a miscellaneous civil action in this Court on August 31, 2010, which was assigned case number 10-CV-9181, and in which plaintiff sought to quash the same summons as is at...
ORDER ANNA J. BROWN, District Judge. On August 26, 2010, Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#36) in which she recommends the Court grant Plaintiff's Motion (#9) to Remand this matter to the Multnomah County Circuit Court for the State of Oregon without an award of attorneys' fees and costs to Plaintiff. On September 13, 2010, Plaintiff filed timely Objections to the Findings and Recommendation. The matter is now before this Court for review pursuant to 28 U....
ORDER ANNA J. BROWN, District Judge. Magistrate Judge Paul Papak issued Findings and Recommendation (#41) on October 19, 2010, in which he recommends this Court construe Plaintiff's Motion (#30) for Discovery and/or Inspection to Allow Depositions as a response to Defendant's Motion for Protective Order, grant Defendant's Motion (#19) for Summary Judgment as to Plaintiff's Claims and Defendant's declaratory relief Counterclaims, deny Defendant's Motion (#19) for Summary Judgment as to...
ORDER ANNA J. BROWN, District Judge. Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#52) on September 24, 2010, in which he recommends the Court deny Plaintiff's Motion (#30) of Entry for a Default Order, deny Plaintiff's Motion (#31) for Default Judgment, deny Plaintiff's Motion (#29) to Amend Federal Complaint, and grant Defendants' Motions to Dismiss (##15, 19, 22, 24, 40, and 48) on the ground that Plaintiff lacks standing to bring this action, and, therefore,...
OPINION AND ORDER ANNA J. BROWN, District Judge. This matter comes before the Court on Defendants' Motion (#14) for Summary Judgment. For the reasons that follow, the Court GRANTS Defendants' Motion. BACKGROUND The following facts come from Defendants' summary-judgment filings: On May 31, 2007, Plaintiff Viktor Kalinkin was booked into the Multnomah County Detention Center (MCDC. At all relevant times Plaintiff was a pretrial, post-arraignment detainee. On September 5, 2007, Shift...
OPINION AND ORDER ANNA J. BROWN, District Judge. Plaintiff Jeffrey James McHenry seeks judicial review of a final decision of the Commissioner of the Social Security Administration (SSA) in which the ALJ granted in part and denied in part Plaintiff's protective applications for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) under Titles II and XVI of the Social Security Act respectively. This Court has jurisdiction to review the Commissioner's decision pursuant to...
OPINION AND ORDER ANN AIKEN, District Judge. Plaintiff Mike Wellington filed suit against defendants Lane County, Greta Utecht, Rob Rockstroh, Bill Fleenor and Tom Howard. Plaintiff alleges violations of the Family Medical Leave Act (FMLA), 29 U.S.C. 2601, et seq., and the Oregon Family Leave Act (OFLA), Or. Rev. Stat. 659A.165; disability discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. 12112 and Or. Rev. Stat. . 659A.112; retaliation in violation of his...
OPINION AND ORDER ANN AIKEN, District Judge. Plaintiff's Complaint alleges an employment discrimination action against his former employer, defendant Beall Corporation. Plaintiff's claims include a violation of worker's compensation discrimination laws, Family Medical Leave Act violations (state and federal), Americans with Disabilities Act (ADA), Oregon Rehabilitation Act, Age Discrimination in Employment Act (ADEA), and wrongful termination. Defendant filed a motion to dismiss against...
OPINION AND ORDER DENNIS JAMES HUBEL, Magistrate Judge. This is an action by Arch Chemicals, Inc. (Arch)and Lexington Insurance Company (Lexington) against Radiator Specialty Company (RSC), asserting a claim for contribution and Lexington also alleges an unjust enrichment claim. Arch and Lexington seek recovery of funds paid in settlement of a lawsuit against Arch brought by members of the Davidson family. Before the court are RSC's Motion Regarding Lexington's Participation at Trial [doc. #...
OPINION AND ORDER DENNIS JAMES HUBEL, Magistrate Judge. This is an action by Arch Chemicals, Inc. (Arch)and Lexington Insurance Company (Lexington) against Radiator Specialty Company (RSC), asserting claims for contribution and Lexington brings a second claim for unjust enrichment. Arch and Lexington seek recovery of amounts paid in settlement of a lawsuit against Arch brought by members of the Davidson family. Before the court is RSC's Motion to Strike Lexington's Complaint (doc. #357). For...
ORDER ANN AIKEN, Chief District Judge. Magistrate Judge Coffin filed his Findings and Recommendation on September 1, 2010. Magistrate Judge Coffin recommends that defendant Hayward Baker's Motion for Summary Judgment be granted because plaintiff's negligence claims are time barred. The matter is now before me. See 28 U.S.C. 636(b)(1)(B) and Fed. R. Civ. P. 72(b). Standard When either party objects to any portion of a magistrate judge's Findings and Recommendation, the district court...
