Harned v. Guffanti

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

MICHAEL JAMES HARNED, individually; No. 3:21-cv-00878-AC and as Personal Representative of the Estate of HANNAH CAMELIA YARBOUR- ORDER HARNED; and as legal guardian of SHAY ANGELINA YARBOUR, a minor child, Plaintiffs, v. GREGORY GUFFANTI, M.D.; and MERCK & CO., a foreign corporation, Defendants.

HERNÁNDEZ, District Judge: Magistrate Judge Acosta issued a Findings and Recommendation on October 14, 2021, in which he recommends that the Court deny Plaintiffs’ Motion to Remand. F&R, ECF 22. 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).

Because no objections to the Magistrate Judge’s Findings and Recommendation were timely filed, the Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge’s report to which objections have been made). Having reviewed the legal principles de novo, the Court finds no error.

CONCLUSION The Court ADOPTS Magistrate Judge Acosta’s Findings and Recommendation [22].

Accordingly, Plaintiffs’ Motion to Remand [12] is DENIED.

IT IS SO ORDERED.

DATED: _______J_a_n_u_a_r_y_ 2__2_, _2_0_2_2_____.

MARCO A. HERNÁNDEZ United States District Judge