McINTIRE v. SAGE SOFTWARE, INC., 3:15-cv-00769-JE. (2015)
Court: District Court, D. Oregon
Number: infdco20151221b94
Visitors: 16
Filed: Dec. 17, 2015
Latest Update: Dec. 17, 2015
Summary: ORDER MARCO A. HERN NDEZ , District Judge . Magistrate Judge Jelderks issued a Findings & Recommendation [34] on September 28, 2015, in which he recommends the Court grant Defendant Matrix's motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Plaintiff has timely filed objections [37] to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When a party objects to an
Summary: ORDER MARCO A. HERN NDEZ , District Judge . Magistrate Judge Jelderks issued a Findings & Recommendation [34] on September 28, 2015, in which he recommends the Court grant Defendant Matrix's motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Plaintiff has timely filed objections [37] to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When a party objects to any..
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ORDER
MARCO A. HERNÁNDEZ, District Judge.
Magistrate Judge Jelderks issued a Findings & Recommendation [34] on September 28, 2015, in which he recommends the Court grant Defendant Matrix's motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Plaintiff has timely filed objections [37] to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When a party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report.28 U.S.C. § 636(b)(1); 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).
I have carefully considered Plaintiff's objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Jelderks' Findings & Recommendation [34], and therefore, Defendant Matrix's motion to dismiss [26] is granted. Plaintiff's Fourth Claim for Relief is dismissed with prejudice, and Defendant Matrix is dismissed. All other outstanding motions are denied as moot.
IT IS SO ORDERED.
Source: Leagle
