Opinion
3:12-cv-00559-ST
06-28-2012
DAVID KIBEC, Plaintiff, v. CARL BALOG, an individual, OREGON PAIN ASSOCIATES, PC, an Oregon corporation, and AMERICAN PAIN RELIEF, LLC, an Oregon limited liability company, Defendants.
ORDER
MARSH, Judge
Magistrate Judge Janice M. Stewart issued her Findings and Recommendation on May 29, 2012, recommending that Defendants' Motion to Dismiss and Strike (#4) be granted in part, and denied in part. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b). No objections have been timely filed.
When neither party objects to a Magistrate Judge's Findings and Recommendation, this court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). Having reviewed the legal principles de novo, I find no error.
Accordingly, I ADOPTED Magistrate Judge Stewart's Finding and Recommendation #12. IT IS ORDERED that Defendants' Motion to Dismiss and Strike (#4) is GRANTED IN PART and DENIED IN PART, with leave to amend, as follows:
1. Granted as to Count 3 of the First Claim and the Second Claim, without prejudice;
2. Granted as to the interest rates alleged in the Third and Fourth Claims, which are stricken;
3. Granted as to the requests for attorney fees in the Prayer as to the Third, Fourth, Fifth, and Sixth Claims which are stricken, without prejudice and with leave to amend; and as to the Eighth and Ninth Claims, which are stricken with prejudice; and
4. Otherwise DENIED.
IT IS SO ORDERED.
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Malcolm F. Marsh
United States District Judge