Thames v. City of Portland ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION DONNA THAMES, COLUMBIA BAR & GRILL, INC., an Oregon Corporation, dba EXOTICA, No. 3:16-cv-01634-JR Plaintiffs, ORDER v. CITY OF PORTLAND, a municipal Corporation; STEVEN MARKS; JOHN ECKHART; DAVID LUSTER; JEFFREY BELL; SHANNON HOFFEDITZ; DAN MCNEAL; MIKE BOYER; MERLE LINDSEY; MARK KRUGER; JASON TALLMADGE, Defendants. HERNÁNDEZ, District Judge: Magistrate Judge Jolie Russo issued a Findings and Recommendation on October 25, 2019, in which she recommends that the Court grant Defendants Eckhart, Hoffeditz, Lindsey, Marks, McNeal, and Tallmadge’s Motion to Confirm Representation of Columbia Bar and Grill or to Dismiss [124]. Defendant City of Portland joined in the motion [127, 133]. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Because no party objected to the Magistrate Judge’s Findings and Recommendation, 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, I find no error. CONCLUSION The Court adopts Magistrate Judge Russo’s Findings and Recommendation [134]. Accordingly, the Motion to Confirm Representation of Columbia Bar and Grill or to Dismiss [124] is granted, and Plaintiff Columbia Bar & Grill is DISMISSED with prejudice. IT IS SO ORDERED. DATED: De cembe r 15, 2 019 . MARCO A. HERNÁNDEZ United States District Judge