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Lloyd v. Gerhard, 3:17-cv-00582-MK. (2019)

Court: District Court, D. Oregon Number: infdco20190402g21 Visitors: 7
Filed: Mar. 31, 2019
Latest Update: Mar. 31, 2019
Summary: ORDER ANN AIKEN , District Judge . Magistrate Judge Mustafa Kasubhai filed his Findings and Recommendation ("F&R") (doc. 79) recommending that (i) Plaintiffs Motion for Default Judgment (filed as a Motion for Summary Judgment) (doc. 59) be denied; (ii) the City of Beaverton and Officer Warner's Motion to Dismiss (doc. 44) be granted and Plaintiffs claims against them be dismissed with prejudice; and (iii) Annalisa Ball's Special Motion to Strike (doc. 53) be granted and Plaintiffs claims ag
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ORDER

Magistrate Judge Mustafa Kasubhai filed his Findings and Recommendation ("F&R") (doc. 79) recommending that (i) Plaintiffs Motion for Default Judgment (filed as a Motion for Summary Judgment) (doc. 59) be denied; (ii) the City of Beaverton and Officer Warner's Motion to Dismiss (doc. 44) be granted and Plaintiffs claims against them be dismissed with prejudice; and (iii) Annalisa Ball's Special Motion to Strike (doc. 53) be granted and Plaintiffs claims against her be dismissed with prejudice, with Ball being awarded her reasonable attorney fees. Plaintiff then timely filed objections to the F&R (doc. 82). The matter is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). When either party objects to any portion of a magistrate judge's F&R, the district court must make a de nova determination of that portion of the magistrate judge's report. See 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert denied, 455 U.S. 920 (1982). Based on my review of the F&R and the documents in the case, I find no error in Judge Kasubhai's F&R and Plaintiffs objections do not undermine Judge Kasubhai's analysis. Thus, I adopt the F&R (doc. 79) in its entirety. Accordingly, (i) Plaintiffs Motion for Default Judgment (filed as a Motion for Summary Judgment) (doc. 59) is DENIED; (ii) the City of Beaverton and Officer Warner's Motion to Dismiss (doc. 44) is GRANTED and Plaintiffs claims against them are DISMISSED WITH PREJUDICE; and (iii) Annalisa Ball's Special Motion to Strike (doc. 53) is GRANTED and Plaintiffs claims against her are DISMISSED WITH PREJUDICE, and Ball is awarded her reasonable attorney fees.

IT IS SO ORDERED.

Source:  Leagle

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