Opinion
3:12-CV-00686-BR
12-18-2012
PATRICIA STROMENGER, Plaintiff, v. NOVARTIS PHARMACEUTICALS CORPORATION, Defendant.
ORDER
BROWN, Judge.
Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#47) on October 22, 2012, in which he recommended the Court deny Defendant's Motion (#32) for Summary Judgment. Defendant filed timely 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).
In its Objections, Defendant reiterates the arguments and evidence contained in its Motion and Reply and stated at oral argument. This Court has carefully considered Defendant's Objections 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 (#47) and DENIES Defendant's Motion ($32) for Summary Judgment.
The Court notes this matter has been transferred to Judge Anna Brown for further proceedings. Accordingly, the Court will contact the parties for scheduling in due course.
IT IS SO ORDERED.
____________________________
ANNA J. BROWN
United States District Judge