McCutcheon v. Willamette Valley Restoration, Inc. ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION ANGI MCCUTCHEON, Case No. 6:20-cv-01019-MK OPINION AND ORDER Plaintiff, vs. WILLAMETTE VALLEY RESTORATION, INC., an Oregon Corporation, Defendant. AIKEN, District Judge: United States Magistrate Judge Mustafa T. Kasubhai issued Findings and Recommendation (“F&R”) (doc. 19) recommending that defendant’s Motion to Dismiss (doc. 4) be granted in part and that the Court dismiss plaintiff’s federal claim, decline to exercise supplemental jurisdiction over plaintiff’s state law claim, and remand the case to Marion County Circuit Court. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Defendant filed timely objections to which plaintiff responded and plaintiff replied. Docs. 21, 22, 25. Accordingly, the Court must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). I have carefully considered defendant’s objections and conclude there is no basis to modify the F&R. I have also reviewed the pertinent portions of the record de novo and find no errors in Judge Kasubhai’s F&R. Accordingly, the Court ADOPTS the F&R (doc. 19). IT IS SO ORDERED. Dated this _3_1_s_t_ day of December 2020. ________/_s_/_A_n_n__ A__ik__e_n______ Ann Aiken United States District Judge