Opinion
No. 3:18-cv-00411-JR (Leading Case) No. 3:18-cv-00412-JR (Trailing Case)
12-30-2020
PORT OF PORTLAND, Third-Party Plaintiff, v. KINDER MORGAN OPERATING L.P. "C", and KINDER MORGAN BULK TERMINALS, LLC, Defendants.
ORDER :
Magistrate Judge Russo issued Findings and Recommendations on August 20, 2020, in which she recommends that this Court deny Third-Party Plaintiff's Motions for Summary Judgment (ECF 65 in 3:18-cv-00411-JR ("Leading Case"); ECF 80 in 3:18-cv-00412-JR ("Trailing Case")) and grant Defendants' Motions for Summary Judgment (ECF 129 in Leading Case; ECF 146 in Trailing Case) on Third-Party Plaintiff's claims alleging breach of contract and contractual indemnity. F&Rs, ECF 175 (Leading Case), ECF 192 (Trailing Case). 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).
Third-Party Plaintiff filed timely objections to the Magistrate Judge's Findings & Recommendations. Third-Party Pl.'s Objs., ECF 186 (Leading Case), ECF 204 (Trailing Case). 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 Third-Party Plaintiff's objections and concludes that there is no basis to modify the Findings & Recommendations. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge's Findings & Recommendations.
CONCLUSION
The Court ADOPTS Magistrate Judge Russo's Findings and Recommendations [175][192]. Therefore, Defendants' Motions for Summary Judgment [129][146] are GRANTED and Third-Party Plaintiff's Motions for Summary Judgment [65][80] are DENIED.
IT IS SO ORDERED.
DATED: December 30, 2020.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge