Gallagher v. Capella Education Company

District Court, D. Oregon

Gallagher v. Capella Education Company

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

ALAN L. GALLAGHER, No. 3:19-cv-01342-JR

Plaintiff, ORDER

v.

CAPELLA EDUCATION COMPANY and CAPELLA UNIVERSITY, INC.,

Defendant.

HERNÁNDEZ, District Judge: Magistrate Judge Russo issued a Findings and Recommendation on July 1, 2020, in which she recommends that this Court grant Defendants’ Motion to Dismiss and dismiss this case with prejudice. F&R, ECF 39. The matter is now before the Court pursuant to

28 U.S.C. § 636

(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Plaintiff filed timely objections to the Magistrate Judge’s Findings & Recommendation. Pl. Obj., ECF 41. When any party objects to any portion of the Magistrate Judge’s Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s report.

28 U.S.C. § 636

(b)(1); 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).

The Court has carefully considered Plaintiff’s objections and concludes that there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Russo’s Findings and Recommendation [39]. Therefore, Defendants’ Motion to Dismiss [35] is GRANTED and this case is dismissed with prejudice. IT IS SO ORDERED.

DATED: ___M_a__rc_h_ _1_,_ 2_0_2_1_________.

___________________________ MARCO A. HERNÁNDEZ United States District Judge

Reference

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