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OIRE OREGON C, LLC v. YALDO

United States District Court, D. Oregon
Nov 25, 2008
No. CV 08-724-ST (D. Or. Nov. 25, 2008)

Summary

holding that a defendant in default was entitled to be heard on the issue of damages

Summary of this case from Davis v. City of Idaho Falls

Opinion

No. CV 08-724-ST.

November 25, 2008


OPINION AND ORDER


On October 24, 2008, Magistrate Judge Stewart issued Findings and Recommendation ("F R") (#28) in the above-captioned case recommending that I DENY defendant Yaldo's Motion to Set Aside Default Judgment (#22), but allow defendant to appear at a hearing on the issue of damages prior to entry of default judgment. No objection to the F R was filed.

DISCUSSION

The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de novo determination of those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F R depends on whether or not objections have been filed, in either case, I am free to accept, reject, or modify any of the magistrate judge's F R. 28 U.S.C. § 636(b)(1)(C).

Upon review, I agree with Judge Stewart's recommendation, and I ADOPT the F R (#28) as my own opinion.

IT IS SO ORDERED.


Summaries of

OIRE OREGON C, LLC v. YALDO

United States District Court, D. Oregon
Nov 25, 2008
No. CV 08-724-ST (D. Or. Nov. 25, 2008)

holding that a defendant in default was entitled to be heard on the issue of damages

Summary of this case from Davis v. City of Idaho Falls

holding that a defendant in default was entitled to be heard on the issue of damages

Summary of this case from Rubicon Global Ventures, Inc. v. Chongqing Zongshen Grp. Import/Export Corp.
Case details for

OIRE OREGON C, LLC v. YALDO

Case Details

Full title:OIRE OREGON C, LLC, Plaintiff, v. MAZIN K. YALDO, M.D., and ALEX PUJARI…

Court:United States District Court, D. Oregon

Date published: Nov 25, 2008

Citations

No. CV 08-724-ST (D. Or. Nov. 25, 2008)

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