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Davis v. Pacific Saw Knife Co.

United States District Court, D. Oregon
Sep 16, 2008
Civil Case No. 08-676-HU (D. Or. Sep. 16, 2008)

Summary

holding that in the absence of an express contract between the plaintiff and the defendant, a plaintiff cannot bring a claim for breach of the covenant of good faith and fair dealing

Summary of this case from Dawson v. Bank of N.Y. Mellon

Opinion

Civil Case No. 08-676-HU.

September 16, 2008

Anthony E. McNamer, McNamer and Co., Portland, Oregon, Attorney for Plaintiff.

Craig A. Crispin, Crispin Employment Lawyers, Portland, Oregon, Attorney for Defendant.


ORDER


The Honorable Dennis J. Hubel, United States Magistrate Judge, filed Findings and Recommendation on August 28, 2008. The matter is before this court. 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.2nd 1202, 1206 (8th Cir. 1983); 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 Magistrate Judge Hubel's Findings and Recommendation (#10).

IT IS HEREBY ORDERED that Defendant's Motion to Dismiss the Third, Fourth, and Fifth Claims for Relief (#5) is granted.


Summaries of

Davis v. Pacific Saw Knife Co.

United States District Court, D. Oregon
Sep 16, 2008
Civil Case No. 08-676-HU (D. Or. Sep. 16, 2008)

holding that in the absence of an express contract between the plaintiff and the defendant, a plaintiff cannot bring a claim for breach of the covenant of good faith and fair dealing

Summary of this case from Dawson v. Bank of N.Y. Mellon

In Davis v. Pacific Saw Knife Co., No. CV-08-676-HU, 2008 WL 4319981, at *3 (D. Or. Sept. 16, 2008), I held that "[t]here is no cognizable claim under Oregon law for reckless infliction of emotional distress."

Summary of this case from WOLF v. RON WILSON CENTER FOR EFFECTIVE LIVING, INC.
Case details for

Davis v. Pacific Saw Knife Co.

Case Details

Full title:RAE DAVIS, Plaintiff, v. PACIFIC SAW AND KNIFE CO., dba PACIFIC HOE/SAW…

Court:United States District Court, D. Oregon

Date published: Sep 16, 2008

Citations

Civil Case No. 08-676-HU (D. Or. Sep. 16, 2008)

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WOLF v. RON WILSON CENTER FOR EFFECTIVE LIVING, INC.

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