Opinion
Civ. No. 04-3099-CO.
February 21, 2007
ORDER
Magistrate Judge John P. Cooney filed Findings and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). When either party objects to any portion of a 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)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F. 2d 1309, 1313 (9th Cir. 1981).
I have, therefore, given this matter de novo review. I find no error. Accordingly, I ADOPT the Findings and Recommendation of Magistrate Judge Cooney.
CONCLUSION
Magistrate Judge Cooney's Findings and Recommendation (#97) is adopted. Defendant's motion for summary judgment (#12) is denied, and plaintiffs' cross-motion for summary judgment (#22) is granted in part and denied in part as stated in the Findings and Recommendation.
IT IS SO ORDERED.