Hurley v. Horizon Project, Inc. et al
| Caleb Hurley |
| Horizon Project, Inc., Jackson County, Umatilla County, Richard Garduno and John and Jane Does |
| 3:2008cv01365 |
| November 18, 2008 |
| US District Court for the District of Oregon |
| Civil Rights: Other Office |
| Clackamas |
| Janice M. Stewart |
| Both |
| Federal Question |
| 42:1983 Civil Rights Act |
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| Document Text |
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Filing
88
ORDER. Defendants Jackson County and Megan Daniels timely filed objections to Magistrate Judge Stewart's Findings and Recommendation. I have, therefore, given that portion of the Findings and Recommendation a de novo review. I ag ree with Magistrate Judge Stewart's conclusion that with respect to plaintiff's negligence claim, it is premature to determine whether defendants may argue that they are entitled to a comparison of liability with the absentee State. I do n ot interpret Magistrate Judge Stewart's Findings and Recommendation to foreclose the issue. To keep the record clear, I MODIFY Magistrate Stewart's Findings and Recommendation (doc. 84), as follows: the State of Oregon's Motions to Di smiss (docs. 42 & 55) the third-party complaints are GRANTED, and defendants' Motions to Dismiss and Alternative Motions (docs. 57 & 61) are DENIED, with leave to reassert the "alternative" portion of the motion as to plaintiff's negligence claim. I ADOPT the remainder of the Findings and Recommendation in its entirety. IT IS SO ORDERED. Signed on 01/15/2010 by Judge James A. Redden. (pvh)
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Filing
84
Findings & Recommendations: State's Motion to Dismiss Pursuant to FRCP 12(b)(6) 42 and Motion to Dismiss Pursuant to FRCP 12(b)(6) 55 should be GRANTED and the third-party complaints should be dismissed. The County Defendants� 39; Motion to Dismiss Defendants-Third Party Plaintiffs Umatilla County, Richard Garduno, and Dennis Dahlen's Motion to Dismiss and Alternative Motion 57 and Motion to Dismiss and Alternative Motion 61 should be DENIED. Objections to the Findings and Recommendations are due by 12/21/2009. Signed on 12/3/2009 by Magistrate Judge Janice M. Stewart. (ST)
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