Northwest Environmental Advocates v. City of Medford

District Court, D. Oregon

Northwest Environmental Advocates v. City of Medford

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON NORTHWEST ENVIRONMENTAL ADVOCATES, Plaintiff, Case No. 1:18-cv-00856-CL V. ORDER CITY OF MEDFORD, Defendant.

MCSHANE, Judge: Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 58), and the matter is now before this Court on Defendant’s objections. See

28 U.S.C. § 636

(b)(1)(B), Fed. R. Civ. P. 72(b). I review de novo. United States v. Bernhardt,

840 F.2d 1441, 1445

(9th Cir. 1998). I find no error and conclude the report is correct. Magistrate Judge Clarke’s Findings and Recommendation (ECF No. 58) is adopted in full. Plaintiff's Motion for Summary Judgment (ECF No. 34) is GRANTED in part and DENIED in part. Summary judgment is granted as to Plaintiff's First Claim for Relief and denied as to Plaintiff's Second and Third Claims for Relief. Defendant’s Motion for Summary Judgment

1 -ORDER

(ECF No. 40) is DENIED. Both parties’ motions to strike are DENIED. The parties have thirty days to consent to trial before a magistrate judge. If the parties do not consent, the case will be reassigned to Judge Michael J. McShane. IT IS SO ORDERED. DATED this 30th day of September, 2021.

/s/ Michael J. McShane Michael McShane United States District Judge

2 –ORDER

Reference

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