Summary
finding connection to services was tenuous when plaintiff's "wrongful discharge claim . . . [was] based on retaliation that occurred after [plaintiff's] complaints about being tired and about potential FAA violations"
Summary of this case from Flashman v. Jet Aviation Flight Servs., Inc.Opinion
07-CV-1640-HU.
June 23, 2008
SCOTT N. HUNT, R. KYLE BUSSE, Busse Hunt, Portland, OR, Attorneys for Plaintiff. JENNIFER LYN BOUMAN, Bullard Smith Jernstedt Wilson, Portland, OR, DOUGLAS W. HALL ALISON N. DAVIS, Ford Harrison LLP, Washington, DC, Attorneys for Defendant.
ORDER
Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#20) on April 3, 2008, in which he recommended the Court grant Defendant's Motion to Dismiss (#4) as to Plaintiff's claim for wrongful discharge and Plaintiff's claim under Oregon Revised Statutes § 652.150. Plaintiff and Defendant filed Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge's Findings and 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). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ( en banc); United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988).
This Court has carefully considered the Objections of both parties and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation (#20) and, therefore, GRANTS Defendant's Motion to Dismiss (#4) as to Plaintiff's claim for wrongful discharge and Plaintiff's claim under Oregon Revised Statutes § 652.150.
IT IS SO ORDERED.