Summary
finding sufficient evidence of unusual circumstances where employee could not comply with employer's call-in procedure because he was incarcerated and lacked phone access
Summary of this case from Francisco v. Sw. Bell Tel. Co.Opinion
1:12-cv-2156-CL
02-12-2014
THOMAS FLORES, Plaintiffs, v. MURPHY COMPANY, and Oregon business corporation, dba MURPHY VENEER, Defendant.
ORDER
PANNER, District Judge :
Magistrate Judge Mark D. Clarke filed a Findings and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Although no objection's have been filed, this court reviews the legal principles de novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1983).
I have given this matter de novo review. I find no error. Accordingly, I ADOPT the Findings and Recommendation (#25). Defendant's Motion for Partial Summary Judgment (#10) is DENIED.
IT IS SO ORDERED.
DATED this 12 day of February, 2014.
/s/_________
OWEN M. PANNER
U.S. DISTRICT JUDGE