DeWeese et al v. Cascade General Shipyard, No. 3:2008cv00860 - Document 104 (D. Or. 2011)

Court Description: OPINION AND ORDER: Granting in Part Denying in Part Defendant's Motion for Summary Judgment 52 ; Adopting Findings and Recommendation 96 . Signed on 8/1/11 by Judge Malcolm F. Marsh. (mkk)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON Portland Division LARRY DEWEESE and HOLLIS STRICKLAND Plaintiff, v. CASCADE GENERAL SHIPYARD, Defendant. PAUL M. OSTROFF Lane Powell, PC 601 S.W. 2nd Ave., Ste 2100 Portland, OR 97204 (503) 778-2100 P.K. RUNKLES-PEARSON VICTOR JOSEPH KISCH Stoel Rives LLP 900 S.W. 5th Ave., Ste 2600 Portland, OR 97204 (503) 224-3380 Attorneys for Plaintiff 1 - OPINION AND ORDER 3:08-CV-860-JE OPINION AND ORDER On May 9, 2011, Magistrate Judge Jelderks issued a Findings and Recommendation (#96) recommending Defendant s Motion for Summary Judgment (#52) be granted in part and denied in part. The matter is before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). If any party objects to any part of a Magistrate Judge's Findings and Recommendation, the district court must review that part of de novo. 28 U.S.C. § 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). Plaintiffs and Defendant filed timely objections to parts of the Findings and Recommendation. On de novo review, I concur in each of the Magistrate Judge's Findings and his Recommendation and, therefore, I ADOPT his Findings and Recommendation (#96). Defendant's Motion for Summary Judgment (#52) is GRANTED in part and DENIED in part as set forth therein. IT IS SO ORDERED. DATED this 1 day of August, 2011. /s/ Malcolm F. Marsh Malcolm F. Marsh United States District Court Judge 2 - OPINION AND ORDER

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