Mil-Ray v. EVP International, LLC

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

MIL-RAY, an Oregon Corporation, No. 3:19-cv-00944-YY

Plaintiff, ORDER

v.

EVP INTERNATIONAL, LLC, an Ohio limited liability company,

Defendant.

HERNÁNDEZ, District Judge: Magistrate Judge You issued a Findings and Recommendation [41] on March 17, 2020 in which she recommends that this Court grant in part and deny in part Defendant’s Motion to Dismiss or Transfer First Amended Complaint. 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). Defendant filed timely objections to the Magistrate Judge’s Findings & Recommendation. Def.’s Obj., ECF 45. When any party objects to any portion of the Magistrate Judge’s Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s report. 28 U.S.C. § 636(b)(1); 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). The Court has carefully considered Defendant’s objections and concludes that there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent

portions of the record de novo and finds no error in the Magistrate Judge’s Findings & Recommendation. CONCLUSION The Court adopts Magistrate Judge You’s Findings and Recommendation [41]. Therefore, Defendant’s Motion to Dismiss or Transfer First Amended Complaint [30] is granted in part and denied in part. IT IS SO ORDERED.

DATED:________J_u_n_e_ _1_8_,_ 2_0_2_0____.

MARCO A. HERNÁNDEZ United States District Judge