Cooksey v. Diamond Resorts International Club, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION

SANDRA J. COOKSEY, an individual, Case No. 6:19-cv-01760-MK ORDER Plaintiff, vs. DIAMOND RESORTS INTERNATIONAL CLUB, INC, a Florida corporation, Defendant,

AIKEN, District Judge: Magistrate Judge Mustafa Kasubhai filed his Findings and Recommendations (“F&R”) (doc. 54) recommending that defendant’s motion to dismiss (doc. 4) be denied.

This case is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b).

When either party objects to any portion of a magistrate judge’s F&R, the district court must make a de novo determination of that portion of the magistrate judge’s report. See 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert denied, 455 U.S. 920 (1982). Defendant has filed timely objections (doc. 15), and plaintiff has filed a timely response. (doc. 16) Defendant has also filed a reply (doc. 19) after obtaining leave from the Court. Thus, I review the F&R de novo.

Having considered the record and the arguments offered by plaintiff, the Court finds no error in Magistrate Judge Kasubhai’s analysis. Therefore, the Court adopts the F&R (doc. 13). Thus, defendant’s motion to dismiss (doc. 4) is DENIED.

IT IS SO ORDERED.

Dated this __2_7_t_h day of May, 2020.

___________/_s_/A__n_n_ _A_i_k_e_n___________ Ann Aiken United States District Judge