Oregon v. Gen. Nutrition Corp.

HERNÁNDEZ, District Judge

ORDER HERNÁNDEZ, District Judge:

Magistrate Judge Paul Papak issued a Findings & Recommendation [15] on March 30, 2016, recommending that Plaintiff's Motion to Remand [6] be granted and this case be remanded to Oregon state court for lack of federal subject matter jurisdiction. Defendant has timely filed objections [17] to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When a 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).

I have carefully considered Defendant's objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no errors in the Magistrate Judge's Findings & Recommendation.

The Court ADOPTS Magistrate Papak's Findings & Recommendation [15], and therefore, Plaintiff's Motion to Remand [6] is granted, and this case is remanded to the Multnomah County Circuit court where it was originally filed.

IT IS SO ORDERED.

DATED this 14 day of June, 2016.

/s/_________

MARCO A. HERNÁNDEZ

United States District Judge