Schuppert v. Orchard Supply Company, LLC

District Court, D. Oregon

Schuppert v. Orchard Supply Company, LLC

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

PATRICIA SCHUPPERT, an No. 3:19-CV-1865-AR individual, ORDER Plaintiff, v. ORCHARD SUPPLY CO., LLC, a foreign limited liability company doing business as Orchard Supply Hardware, a wholly owned subsidiary of LOWE’S COMPANIES, INC., a foreign corporation; LOWE’S HOME CENTERS, LLC, a foreign limited liability company, Defendants. HERNÁNDEZ, District Judge: Magistrate Judge Acosta issued a Findings and Recommendation on January 27, 2022, in which he recommends that the Court grant Defendants’ Motion to Dismiss. F&R, ECF 63. 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 [63].

Accordingly, Defendants’ Motion to Dismiss for Lack of Prosecution and for Discovery Sanctions [52] is GRANTED. IT IS SO ORDERED.

DATED: __________M__a_r_c_h_ 2__7_, _2_0_2_2___.

MARCO A. HERNÁNDEZ United States District Judge

Reference

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