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Reid v. Evergreen Aviation Ground Logistics Ent. Inc.

United States District Court, D. Oregon
Jan 20, 2009
Civil No. 07-1641-AC (D. Or. Jan. 20, 2009)

Summary

surveying decisions in the District of Oregon that are in agreement with Battan

Summary of this case from Arnold v. Pfizer, Inc.

Opinion

Civil No. 07-1641-AC.

January 20, 2009

Matthew B. Duckworth Richard C. Busse R. Kyle Busse BUSSE HUNT Portland, OR Attorneys for Plaintiff.

Jennifer Lyn Bouman BULLARD SMITH JERNSTEDT WILSON Portland, OR

Douglas W. Hall FORD HARRISON LLP Washington, D.C. Attorneys for Defendants


ORDER


Magistrate Judge John V. Acosta filed Findings and Recommendation (#37) on November 21, 2008, in the above entitled case. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and 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.See 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981),cert. denied, 455 U.S. 920 (1982).

Plaintiff has timely filed objections. I have, therefore, givende novo review of Magistrate Judge Acosta's rulings.

I find no error. Accordingly, I ADOPT Magistrate Judge Acosta's Findings and Recommendation (#37) dated November 21, 2008, in its entirety. Defendants' motion (#20) for summary judgment is granted as to plaintiff's claim of race discrimination and common law discharge. Defendants' motion for summary judgment as to plaintiff's claims of wrongful termination under OR. REV. STAT. § 654.062 misrepresentation is denied. Defendant's motion for summary judgment on plaintiff's claims of aiding and abetting and wrongful termination under OR. REV. STAT. § 654.062 as to Smith individually is granted. Defendant's motion to exclude reinstatement and compensatory damages for lost wages is granted.

IT IS SO ORDERED.


Summaries of

Reid v. Evergreen Aviation Ground Logistics Ent. Inc.

United States District Court, D. Oregon
Jan 20, 2009
Civil No. 07-1641-AC (D. Or. Jan. 20, 2009)

surveying decisions in the District of Oregon that are in agreement with Battan

Summary of this case from Arnold v. Pfizer, Inc.

surveying decisions in the District of Oregon that are in agreement with Battan.

Summary of this case from Melendez v. Morrow County School District
Case details for

Reid v. Evergreen Aviation Ground Logistics Ent. Inc.

Case Details

Full title:FLOYD M. REID, Plaintiff, v. EVERGREEN AVIATION GROUND LOGISTICS…

Court:United States District Court, D. Oregon

Date published: Jan 20, 2009

Citations

Civil No. 07-1641-AC (D. Or. Jan. 20, 2009)

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