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AUSTIN v. THE MEN'S WEARHOUSE INC

United States District Court, D. Oregon
Nov 17, 2005
Civil No. 05-6261-TC (D. Or. Nov. 17, 2005)

Opinion

Civil No. 05-6261-TC.

November 17, 2005


ORDER


Magistrate Judge Thomas M. Coffin filed his Findings and Recommendation on October 24, 2005. The matter is now before me. See 28 U.S.C. § 636(b) (1) (B) and Fed.R.Civ.P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review. Lorin Corp. v. Goto Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1982). See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error.

Accordingly, I ADOPT Judge Coffin's Findings and Recommendation. Defendant's motion to dismiss (#7) is granted as to plaintiffs' negligence claims, and denied as to plaintiffs' intentional tort claims, without prejudice as to plaintiffs' compensatory damages prayer contained in their ORS 659A.030 claims, pending plaintiffs' filing of an amended complaint.

IT IS SO ORDERED.


Summaries of

AUSTIN v. THE MEN'S WEARHOUSE INC

United States District Court, D. Oregon
Nov 17, 2005
Civil No. 05-6261-TC (D. Or. Nov. 17, 2005)
Case details for

AUSTIN v. THE MEN'S WEARHOUSE INC

Case Details

Full title:JENNIFER J. AUSTIN and LYZETTE M. ELSNER, Plaintiffs, v. THE MEN'S…

Court:United States District Court, D. Oregon

Date published: Nov 17, 2005

Citations

Civil No. 05-6261-TC (D. Or. Nov. 17, 2005)