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Ayala v. Cook Family Builders LLC

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Apr 3, 2018
No. 3:17-CV-266-PK (D. Or. Apr. 3, 2018)

Opinion

No. 3:17-CV-266-PK

04-03-2018

JUAN LOPEZ AYALA and MOSHE DABOUB, Plaintiff, v. COOK FAMILY BUILDERS LLC and ZANE COOK, Defendants.


OPINION AND ORDER MOSMAN, J.,

On March 6, 2018, Magistrate Judge Paul Papak issued his Findings and Recommendation (F&R) [33], recommending that Plaintiffs' Motion for Attorney Fees [30] should be GRANTED and the Cook Defendants ordered to pay Plaintiffs' attorney fees in the amount of $14,210. No objections were filed.

DISCUSSION

The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de novo determination regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court is not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether or not objections have been filed, in either case, I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C).

Upon review, I agree with Judge Papak's recommendation and I ADOPT the F&R [33] as my own opinion. Plaintiffs' Motion for Attorney Fees [30] is GRANTED and the Cook Defendants are ordered to pay Plaintiffs' attorney fees in the amount of $14,210.

IT IS SO ORDERED.

DATED this 3rd day of April, 2018.

/s/_________

MICHAEL W. MOSMAN

Chief United States District Judge


Summaries of

Ayala v. Cook Family Builders LLC

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Apr 3, 2018
No. 3:17-CV-266-PK (D. Or. Apr. 3, 2018)
Case details for

Ayala v. Cook Family Builders LLC

Case Details

Full title:JUAN LOPEZ AYALA and MOSHE DABOUB, Plaintiff, v. COOK FAMILY BUILDERS LLC…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Apr 3, 2018

Citations

No. 3:17-CV-266-PK (D. Or. Apr. 3, 2018)

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