Baker v. YRC, Inc.

District Court, D. Oregon

Baker v. YRC, Inc.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

KATHLEEN M. BAKER, Personal Representative for the Estate of MARIBETH CORRIGAN, No. 3:21-cv-00849-YY

Plaintiff, ORDER

v.

YRC INC., a Delaware Corporation, and JOHN DOE, and individual,

Defendants.

HERNÁNDEZ, District Judge: Magistrate Judge You issued a Findings and Recommendation on December 7, 2021, in which she recommends that the Court grant Plaintiff’s Motion to Amend for Joinder of Nondiverse Defendant and Remand. F&R, ECF 8. 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. Judge You properly analyzed the relevant factors, and the Court agrees that joining Michael S. Adams and remanding this case to state court is appropriate. CONCLUSION The Court ADOPTS Magistrate Judge You’s Findings and Recommendation, No. 11. Accordingly, Plaintiff’s Motion to Amend for Joinder of Nondiverse Defendant and Remand, No. 8, is GRANTED. IT IS SO ORDERED.

DATED: ___F_e_b_ru__a_ry_ _2_1_,_ 2_0_2__2________.

MARCO A. HERNÁNDEZ United States District Judge

Reference

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