Summary
applying Atlantic Marine and dismissing the case in deference to the parties' agreed-upon forum
Summary of this case from Gemini Techs., Inc. v. Smith & Wesson, Corp.Opinion
3:16-CV-01982-SB
05-04-2017
SPENCER JENSSEN, Plaintiff, v. TOTAL QUALITY LOGISTICS, LLC, an Ohio corporation doing business in Oregon, Defendant.
ORDER
BROWN, Judge.
Magistrate Judge Stacie F. Beckerman issued Findings and Recommendation (#30) on March 24, 2017, in which she recommends the Court deny Plaintiff's Motion (#6) to Remand to State Court, grant Defendant's Motion (#4) to Dismiss, and dismiss this matter. Plaintiff filed timely Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1). See also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
This Court has carefully considered Plaintiff's Objections and they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation (#30). The Court, therefore, DENIES Plaintiff's Motion (#6) to Remand to State Court, GRANTS Defendant's Motion (#4) to Dismiss and DISMISSES this matter.
IT IS SO ORDERED.
DATED this 4th day of May, 2017.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge