Opinion
Civil Case No. 07-880-ST.
June 8, 2009
David S. Aman, Jon P. Stride, Tonkon Torp LLP, Portland, Oregon, Attorneys for Plaintiff.
Kimberlee C. Morrow, Sean M. Bannon, Hoffman, Hart Wagner, LLP, Portland, Oregon, Attorneys for Defendants.
ORDER
The Honorable Janice M. Stewart, United States Magistrate Judge, filed Findings and Recommendation on May 5, 2009. Plaintiff filed timely objections to the Findings and Recommendation.
When either party objects to any portion of a magistrate's Findings and Recommendation concerning a dispositive motion or prisoner petition, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). This court has, therefore, given de novo review of the rulings of Magistrate Judge Stewart.
This court ADOPTS the Findings and Recommendation of Magistrate Judge Stewart dated May 5, 2009 in its entirety.
IT IS HEREBY ORDERED that Plaintiff's Motion for Partial Summary Judgment (#135) is GRANTED on the issue of liability on Count II of the Third Claim (Breach of Contract). Defendants' Motion for Partial Summary Judgment (#133) is GRANTED in part as to: (1) the First Claim (violation of 18 U.S.C. § 1030(a)(5)(A)); (2) the Fourth Claim (tortious interference with contract); and (3) the Fifth Claim (tortious interference with prospective business relationship) and is otherwise DENIED.