Davia Haines v. DSV A/S; DSV Road Transport, Inc.; DSV Transportation LLC; DSV Road, Inc.; and Michael Alan Murphy

Summary

The United States District Court for the District of Oregon adopted the magistrate judge’s findings and recommendation in full. The court granted Plaintiff Davia Haines’s motion to remand and denied Defendants’ motions to dismiss as moot, remanding the action to the Circuit Court of the State of Oregon for Multnomah County.

Holdings

1. When a party objects to specified portions of a magistrate judge's findings and recommendation, the district court must make a de novo determination of those portions; unobjected-to portions need not be reviewed de novo, although the district court may review them sua sponte.
2. The magistrate judge's recommendation to remand the action to the Circuit Court of the State of Oregon for Multnomah County was adopted in full, and plaintiff's motion to remand was granted.
3. Defendants' motions to dismiss were denied as moot following the grant of plaintiff's motion to remand.

Questions Presented

1. Whether the district court should conduct de novo review of the portions of the magistrate judge's findings and recommendation to which defendants objected.
2. Whether the district court should adopt the magistrate judge's recommendation to remand the action to state court.
3. Whether defendants' motions to dismiss should be denied as moot after remand.

Disposition

remanded