Radish Seed Growers' Association et al v. Northwest Bank, No. 6:2017cv00716 - Document 95 (D. Or. 2020)

Court Description: OPINION AND ORDER: I have carefully considered plaintiff's objections and conclude there is no basis to modify the F&R. I have also reviewed the pertinent portions of the record de novo and find no errors in Judge Kasubhai's F&R. Accordingly, the Court ADOPTS Judge Kasubhai's F&R 66 . Signed on 5/27/2020 by Judge Ann L. Aiken. (ck)

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Radish Seed Growers' et al v. Northwest Bank CaseAssociation 6:17-cv-00716-MK Document 95 Filed 05/27/20 Doc. 95 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION RADISH SEED GROWERS’ ASSOCIATION, an Oregon cooperative; MID VALLEY FARMS, INC., and Oregon corporation; and KCK FARMS LLC, an Oregon limited liability Company, Case No. 6:17-cv-00716-MK OPINION AND ORDER Plaintiffs, vs. NORTHWEST BANK, a Pennsylvania statechartered savings association formerly known as Northwest Savings Bank, Defendant. AIKEN, District Judge: On April 29, 2019, Magistrate Judge Mustafa T. Kasubhai issued his Findings and Recommendation (F&R) (doc. 66), concluding that this Court’s 2017 denial of defendant’s Motion to Strike was a final appealable ruling under 28 U.S.C. § 1291 and recommending that defendant Northwest Bank’s Renewed Special Motion to Strike (doc. 59) be denied as moot. Defendant filed timely objections. Accordingly, Page 1 – OPINION AND ORDER Dockets.Justia.com Case 6:17-cv-00716-MK Document 95 Filed 05/27/20 Page 2 of 2 the Court must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). I have carefully considered plaintiff’s objections and conclude there is no basis to modify the F&R. I have also reviewed the pertinent portions of the record de novo and find no errors in Judge Kasubhai’s F&R. Accordingly, the Court ADOPTS Judge Kasubhai’s F&R (doc. 66). IT IS SO ORDERED. 27th day of May 2020. Dated this _____ /s/Ann Aiken __________________________ Ann Aiken United States District Judge Page 2 – OPINION AND ORDER

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