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

SANDRA COOKSEY, 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 has filed his Findings and Recommendation (“F&R”) (Doc. 31) recommending that the Court deny defendant’s motion for interlocutory appeal pursuant to 28 U.S.C § 1292(b). Doc. 25. This case is now before me. See

(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

(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, Inc.,

(9th Cir. 1981), cert denied,

(1982). Defendant has filed timely objections (Doc. 33) and plaintiff has filed a timely

response (doc. 34) Having reviewed the objections and the file of this case, the Court finds no error in Magistrate Judge Kasubhai’s order, and likewise finds that defendant has failed meet the statutory criteria justifying an interlocutory appeal in this matter. Thus, the Court adopts Magistrate Judge Kasubhai’s F&R (Doc. 31) in its entirety. Defendant’s motion for interlocutory appeal (Doc. 25) is DENIED. IT IS SO ORDERED.

Dated this _2_4_t_h_ day of March, 2021.

____________/s_/_A_n_n__ A__ik_e_n___________ Ann Aiken United States District Judge