Opinion
Civil Case No. 08-120-AC.
April 28, 2008
David P. Rossmiller, Matthew R. Wilmot, Dunn Carney Allen Higgins Tongue LLP, Portland, Oregon, Attorneys for Plaintiff.
Chris Kitchel, Amy Joseph Pedersen, Beverly C. Pearman, Marc E. Alifanz, Stoel Rives LLP, Portland, Oregon, Attorneys for Defendant.
ORDER
The Honorable John V. Acosta, United States Magistrate Judge, filed Findings and Recommendation on March 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 Acosta's Findings and Recommendation (#13). IT IS HEREBY ORDERED that Plaintiff's Motion to Amend Pursuant to FRCP 15(a), or in the Alternative to Voluntarily Dismiss Federal Claims Pursuant to FRCP 41(a)(2) (#5) is considered a motion to amend complaint and it is GRANTED. Plaintiff's Motion to Remand Case to State Court (#7) is GRANTED. Plaintiff shall file an amended complaint by May 9, 2008, after which the case will be REMANDED to state court. Defendant's request for attorney fees is DENIED.