TK Products, Inc. v. GHP Group, Inc., No. 3:2022cv00482 - Document 33 (D. Or. 2022)

Court Description: OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 31 . Defendant's Motion to Dismiss 4 is Granted. Signed on 9/27/22 by Judge Michael W. Mosman. (gm) Modified on 9/29/2022 to correct filing date. NEF regenerated to the parties. ( gm)

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TK Products, Inc. v. GHP Group, Inc. Doc. 33 Case 3:22-cv-00482-JR Document 33 Filed 09/27/22 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION TK PRODUCTS, INC., a Washington c01poration doing business as No. 3 :22-cv-00482-JR Ukiah Co., OPINION AND ORDER Plaintiff, V. GHP GROUP, INC., an Illinois corporation, Defendant. MOSMAN,J., On July 12, 2022, Magistrate Judge Jolie A. Russo issued her Findings and Recommendation ("F&R") [ECF 31], recommending that Defendant's Motion to Dismiss [ECF 4] be granted. Plaintiff did not file objections. 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 dete1mination. The court is generally required to make a de novo 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 Case 3:22-cv-00482-JR Document 33 Filed 09/27/22 Page 2 of 2 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 scrntiny 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). CONCLUSION Upon review, I agree with Judge Russo's recommendation, and I ADOPT the F&R [ECF 31] as my own opinion. Defendant's Motion to Dismiss [ECF 4] is GRANTED. IT IS SO ORDERED. DATED this eptember, 2022. es District Judge 2 - OPINION AND ORDER

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