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Goudie v. Cable Communications

United States District Court, D. Oregon
Oct 14, 2008
08-CV-507-AC (D. Or. Oct. 14, 2008)

Opinion

08-CV-507-AC.

October 14, 2008

A.E. BUD BAILEY, J. DANA PINNEY, CHEYENNE K. POWELSON, Bailey Pinney Associates, LLC, Columbia Tech Center, Vancouver, WA, Attorneys for Plaintiffs. MITCHELL C. BAKER, SEAN M. DRISCOLL, Fisher Phillips, LLP, Portland, OR, Attorneys for Defendant.


ORDER


Magistrate Judge John V. Acosta issued Findings and Recommendation (#36) on August 20, 2008, in which he recommends the Court grant Plaintiffs' Motion (#12) to Proceed as A Collective Action and to Facilitate Notice Pursuant to 29 U.S.C. § 216(b) and order the matter to proceed under conditional certification as set out in the Findings and Recommendation. 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).

This Court has carefully considered Defendant's Objections and concludes Defendant's Objections 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 Acosta's Findings and Recommendation (#36), GRANTS Plaintiffs' Motion (#12) to Proceed as A Collective Action and to Facilitate Notice Pursuant to 29 U.S.C. § 216(b), and ORDERS the action to proceed under conditional certification as set out in the Findings and Recommendation.

IT IS SO ORDERED.


Summaries of

Goudie v. Cable Communications

United States District Court, D. Oregon
Oct 14, 2008
08-CV-507-AC (D. Or. Oct. 14, 2008)
Case details for

Goudie v. Cable Communications

Case Details

Full title:DAVID GOUDIE and SEAN FARMEN, individually and on behalf of all others…

Court:United States District Court, D. Oregon

Date published: Oct 14, 2008

Citations

08-CV-507-AC (D. Or. Oct. 14, 2008)

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