From Casetext: Smarter Legal Research

Florea v. Nw. Country Place, Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Jul 7, 2015
No. 3:13-cv-02290-SB (D. Or. Jul. 7, 2015)

Opinion

No. 3:13-cv-02290-SB

07-07-2015

AMANDA FLOREA, Plaintiff, v. NORTHWEST COUNTRY PLACE, INC., DBA Oakwood Country Place, Defendant.


OPINION AND ORDER MOSMAN, J.,

On June 15, 2015, Magistrate Judge Beckerman issued her Findings and Recommendation ("F&R") [79] in the above-captioned case, recommending that Defendant Northwest Country Place, Inc.'s Motion for Summary Judgment [31] should be granted as to Plaintiff Amanda Florea's First and Fourth Claims and otherwise denied. 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 Beckerman's recommendation, and I ADOPT the F&R [79] as my own opinion.

IT IS SO ORDERED.

DATED this 7th day of July, 2015.

/s/ Michael W. Mosman

MICHAEL W. MOSMAN

United States District Judge


Summaries of

Florea v. Nw. Country Place, Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Jul 7, 2015
No. 3:13-cv-02290-SB (D. Or. Jul. 7, 2015)
Case details for

Florea v. Nw. Country Place, Inc.

Case Details

Full title:AMANDA FLOREA, Plaintiff, v. NORTHWEST COUNTRY PLACE, INC., DBA Oakwood…

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

Date published: Jul 7, 2015

Citations

No. 3:13-cv-02290-SB (D. Or. Jul. 7, 2015)

Citing Cases

Allred v. Boise Cascade Wood Prods., LLC

The Ninth Circuit has recognized two theories for recovery on FMLA claims under 29 U.S.C. § 2615(a): the…