Opinion

Brown v. Caterpillar Inc.

Court
District Court, D. Oregon
Filed
Aug 9, 2022
Cited by
0 cases
Authority
More cited than 28.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

DOUGLAS BROWN and Case No. 2:21-cv-01865-HL

PATRICIA BROWN,

ORDER

Plaintiff,

v.

CATERPILLAR INC., a Foreign

Corporation; JLG INDUSTRIES, INC.,

a Foreign Corporation; LANDOLL

COMPANY LLC, a Foreign Limited

Liability Company; and MARK ALAN

MEREDITH dba MARK MEREDITH

CONSTRUCTION, a Citizen of Oregon,

Defendants.

IMMERGUT, District Judge.

On June 29, 2022, Magistrate Judge Andrew D. Hallman issued his Findings and

Recommendation (“F&R”). ECF 22. The F&R recommends that this Court grant Plaintiffs

Douglas and Patricia Brown’s motion to remand to state court, ECF 5. On July 13, 2022,

Defendants Caterpillar Inc. and JLG Industries, Inc. filed Objections to the F&R. ECF 24. On

July 26, 2022, Plaintiffs filed a Response to Defendants’ Objections. ECF 25. This Court

ADOPTS Judge Hallman’s F&R.

STANDARDS

Under the Federal Magistrates Act (“Act”), as amended, the court may “accept, reject, or

modify, in whole or in part, the findings or recommendations made by the magistrate judge.”

28 U.S.C. § 636(b)(1). If a party objects to a magistrate judge’s F&R, “the court shall make a de

novo determination of those portions of the report or specified proposed findings or

recommendations to which objection is made.” Id. But the court is not required to review, de

novo or under any other standard, the factual or legal conclusions of the F&R to which no

objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985); United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). Nevertheless, the Act “does not

preclude further review by the district judge, sua sponte” whether de novo or under another

standard. Thomas, 474 U.S. at 154.

CONCLUSION

This Court has reviewed de novo the portions of Judge Hallman’s F&R to which

Defendants objected. The F&R, ECF 22, is adopted in full. Plaintiffs’ Motion to Remand, ECF 5,

is GRANTED. This case is REMANDED to the Multnomah County Circuit Court in the State of

Oregon (Case No. 21CV14209).

IT IS SO ORDERED.

DATED this 9th day of August, 2022.

/s/ Karin J. Immergut

Karin J. Immergut

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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