Williamson v. Munsen Paving, LLC

Filing 15

ORDER: Adopting Findings and Recommendation 13 in its entirety. IT IS HEREBY ORDERED that Munsen Paving's Motion To Dismiss 6 is Granting in Part and Denied in part, with leave to Williamson to amend. Munsen Paving's Rule 12(e) Motion is GRANTED and Williamson is directed to provide a more definite statement of what conduct Munsen Paving allegedly engaged in and what specific regulations that conduct violated. Signed on 11/30/09 by Judge Garr M. King. (cib)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JOSHUA WILLIAMSON, ) ) Plaintiff, ) ) v. ) ) MUNSEN PAVING, LLC, an Oregon ) limited liability corporation, ) ) Defendant. ) ___________________________________ ) Civil No. 09-736-AC ORDER Jeffrey S. Mutnick 737 SW Vista Avenue Portland, Oregon 97205 Karen R. Thompson 3 Monroe Parkway, Suite P#107 Portland, Oregon 97035 Attorneys for Plaintiff Page 1 - ORDER Jay Richard Chock John R. Barhoum Dunn Carney Allen Higgins & Tongue, LLP 851 SW Sixth Avenue, Suite 1500 Portland, Oregon 97204-1357 Attorneys for Defendant KING, Judge: The Honorable John V. Acosta, United States Magistrate Judge, filed Findings and Recommendation on November 6, 2009. 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 dated November 6, 2009 (#13) in its entirety. IT IS HEREBY ORDERED that Munsen Paving's Motion to Dismiss (#6) is GRANTED in part and DENIED in part, with leave to Williamson to amend. Munsen Paving's Rule 12(e) Motion is GRANTED and Williamson is directed to provide a more definite statement of what conduct Munsen Paving allegedly engaged in and what specific regulations that conduct violated. DATED this 30th day of November, 2009. /s/ Garr M. King GARR M. KING United States District Judge Page 2 - ORDER

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