Palazzo Vintage Homes, LLC et al v. Urban Housing Development, LLC et al, No. 3:2009cv01005 - Document 83 (D. Or. 2010)

Court Description: OPINION AND ORDER: Adopting Findings and Recommendation 73 . Defendants' motion to dismiss for lack of prosecution 45 is DENIED. Defendants' motion for alternative sanctions 45 is DENIED. Signed on 9/15/10 by Judge James A. Redden. (cib)

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Palazzo Vintage Homes, LLC et al v. Urban Housing Development, LLC et al Doc. 83 FILED'lOSEP 161103USDC{w UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION PALAZZO VINTAGE HOMES, LLC, an Oregon company, and PALAZZO VINTAGE REPRODUCTION HOMES, LLC, an Oregon company, CV 09-1 005-JE OPINION AND ORDER Plaintiffs, v. URBAN HOUSING DEVELOPMENT, LLC, an Oregon company, CONCEPT DESIGN AND ASSOCIATES, an Oregon business, STEWARDSHIP REALTY, LLC, an Oregon company, and VLADIMIR OZERUGA, an individual, Defendants. REDDEN, Judge: On August 25,2010, Magistrate Judge John Jelderks filed his Findings and PAGE 1 - OPINION AND ORDER Dockets.Justia.com Recommendation (doc. 73) that the court deny both Defendants' motion to dismiss for lack of prosecution (doc. 45), and their motion for alternative sanctions (doc. 45-1). The matter is now before me. See 28 U.S.C. § 636(b)(l)(A); Fed. R Civ. P. neb). Neither party timely filed objections. This relieves me of my obligation to review Magistrate Judge Jelderks' factual fmdings de novo. See 28 U.S.C. § 636(b)(l)(C); Simpson v. Lear Astronics Com., 77 F.3d 1170, 1174-75 (9th Cir. 1996). Having reviewed the legal principles de novo, I find no error. Accordingly, I ADOPT Magistrate Judge Jerderks' Findings and Recommendation (doc. 73) as my own opinion. Defendants' motion to dismiss for lack of prosecution (doc. 45) is , DENIED. Defendants' motion for alternative sanctions (doc. 45-1) is DENIED. IT IS SO ORDERED. DATED this If-day of September, 2010. esA. Redden d States District Judge PAGE 2 - OPINION AND ORDER

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