Evans et al v. Federal Energy Regulatory Commission, No. 1:2019cv00766 - Document 37 (D. Or. 2020)
Court Description: ORDER AND OPINION: Having considered the record and the arguments offered by the parties, the Court finds no error in Magistrate Judge Clarke's analysis. Therefore, the Court adopts the F&R 31 in its entirety. Thus, plaintiffs' Motion for Summary Judgment 18 is GRANTED, and defendant's Motion for Summary Judgment 13 is DENIED. Accordingly, defendant shall comply with plaintiffs' Freedom of Information Act, 5 U.S.C. § 552 et seq, request and release unredacted landowner lists. Signed on 5/27/2020 by Judge Ann L. Aiken. (ck)
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Evans et al v. Federal Energy Commission CaseRegulatory 1:19-cv-00766-CL Document 37 Filed 05/27/20 Doc. 37 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION DEB EVANS, RON SCHAAF, et al. Case No. 1:19-cv-00766-CL ORDER AND OPINION Plaintiffs, vs. FEDERAL ENERGY REGULATORY COMMISSION, Defendant. AIKEN, District Judge: Magistrate Judge Mark Clarke filed his Findings and Recommendations (“F&R”) (doc. 31) recommending that plaintiffs’ Motion for Summary Judgment (doc. 18) should be GRANTED, and defendant’s Motion for Summary Judgment (doc. 13) should be DENIED. This case is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). When either party objects to any portion of a magistrate judge’s F&R, the district court must make a de novo determination of that portion of the magistrate PAGE 1 – ORDER Dockets.Justia.com Case 1:19-cv-00766-CL Document 37 Filed 05/27/20 Page 2 of 2 judge’s report. See 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert denied, 455 U.S. 920 (1982). Both parties filed timely objections (docs. 33, 34) and responses (docs. 35, 36). Thus, I review the F&R de novo. Having considered the record and the arguments offered by the parties, the Court finds no error in Magistrate Judge Clarke’s analysis. Therefore, the Court adopts the F&R (doc. 31) in its entirety. Thus, plaintiffs’ Motion for Summary Judgment (doc. 18) is GRANTED, and defendant’s Motion for Summary Judgment (doc. 13) is DENIED. Accordingly, defendant shall comply with plaintiffs’ Freedom of Information Act, 5 U.S.C. § 552 et seq, request and release unredacted landowner lists. IT IS SO ORDERED. Dated this 27th _____ day of May, 2020. /s/Ann Aiken _________________________________ Ann Aiken United States District Judge PAGE 2 – ORDER
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