Grant v. Oregon City School District No. 62 et al, No. 3:2018cv00179 - Document 31 (D. Or. 2018)

Court Description: OPINION AND ORDER. Upon review, I agree with Judge You's recommendation and I ADOPT the F & R 28 as my own opinion. Defendants' Motion to Dismiss 15 and Motion for the Imposition of Sanctions 19 are DENIED. In addition, I order the two cases in question (3:16-cv-02202-YY, 3:18-cv-00179-YY) CONSOLIDATED. 3:16-cv-02202-YY shall be the lead case. IT IS SO ORDERED. Signed on 6/22/2018 by Judge Michael W. Mosman. (pvh)
Download PDF
Grant v. Oregon City School District No. 62 et al Doc. 31 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION CHRISTINA GRANT, No. 3:18-cv-00179-YY Plaintiff, v. OPINION AND ORDER OREGON CITY SCHOOL DISTRICT NO. 62; CHERYL HOWELL; JOHN OGDEN; and LAURA POORE, Defendants. MOSMAN,J., On April 27, 2018, Magistrate Judge Y oulee Yim You issued her Findings and Recommendation (F&R) [28], recommending that Defendants' Motion to Dismiss [15] and Motion for the Imposition of Sanctions [19] should be DENIED. Defendants filed objections [30]. Plaintiff did not respond. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de nova determination regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the court 1 - OPINION AND ORDER Dockets.Justia.com is not required to review, de novo or 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 or not 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)(l)(C). Upon review, I agree with Judge You' s recommendation and I ADOPT the F &R [28] as my own opinion. Defendants' Motion to Dismiss [15] and Motion for the Imposition of Sanctions [19] are DENIED. In addition, I order the two cases in question (3:16-cv-02202-YY, 3:18-cv-00179-YY) CONSOLIDATED. 3:16-cv-02202-YY shall be the lead case. IT rs so ORDERED. DATED this 'b1-tfay of June, 2018. 2 - OPINION AND ORDER