Summary
holding that the plaintiff's conversion claim was superseded because it was based on the defendant's alleged misappropriation of proprietary material
Summary of this case from Select Timber Prods. LLC v. ReschOpinion
No. CV 07-1407-HU.
December 16, 2008
OPINION AND ORDER
On October 28, 2008, Magistrate Judge Hubel issued Findings and Recommendation ("F R") (#62) in the above-captioned case recommending that I GRANT defendants' Amended Motion for Summary Judgment (#44), GRANT IN PART, DENY IN PART, and DENY AS MOOT IN PART defendants' Motion to Strike (#60), and DENY AS MOOT defendants' Motion to Compel (#45). Plaintiff filed objections to the F R (#63).
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de novo determination of those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F R depends on whether or not objections have been filed, in either case, I am free to accept, reject, or modify any of the magistrate judge's F R. 28 U.S.C. § 636(b)(1)(C).
Upon review, I agree with Judge Hubel's recommendation, and I ADOPT the F R (#62) as my own opinion.
IT IS SO ORDERED.