Cox v. Home Depot #4010, No. 3:2013cv00587 - Document 23 (D. Or. 2014)
Court Description: OPINION AND ORDER: Upon review, I agree with Judge Hubels recommendation, and I ADOPT the F&R 16 as my own opinion. Plaintiffs motion to substitute William Evan Johnson as Defendant in place of John Doe 10 is GRANTED. The cause is remanded to Multnomah County Court. Signed on 1/22/14 by Judge Michael W. Mosman. (dls)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION KERRY COX, No. 3:13-cv-00587-HU Plaintiff, OPINION AND ORDER v. HOME DEPOT U.S.A Inc., and JOHN DOE, Defendants. MOSMAN, J., On October 23, 2013, Magistrate Judge Hubel issued his Findings and Recommendation ( F&R ) [16] in the above-captioned case, recommending that Plaintiff s Motion to Remand [8] and Motion to Substitute Named Defendant [10] be GRANTED. Defendant objected [19]. I heard further oral argument on the motions on January 21, 2014 [22]. The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those portions of the report or any specified findings or recommendations within it to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am not required to review, de novo or 1 OPINION AND ORDER 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 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). Upon review, I agree with Judge Hubel s recommendation, and I ADOPT the F&R [16] as my own opinion. Plaintiff s motion to substitute William Evan Johnson as Defendant in place of John Doe [10] is GRANTED. The cause is remanded to Multnomah County Court. IT IS SO ORDERED. DATED this 22nd day of January, 2014. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Judge 2 OPINION AND ORDER
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
