LNG Development Company, LLC v. Port of Astoria, No. 3:2009cv00847 - Document 132 (D. Or. 2010)
Court Description: OPINION & ORDER: Upon review, I agree with Judge Jelderks's recommendation, and I ADOPT the F&R (#126) as my own opinion. Plaintiff's Motion for preliminary Injunction (#101) is GRANTED as described in Judge Jelderks's F&R. Defendants should take immediate steps to provide the additional thirty yearterm specified in the sublease, and to make the land subject to that sublease available to plaintiff LNG for its use. Signed on 3/11/10 by Judge Michael W. Mosman. (cib)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION LNG DEVELOPMENT COMPANY, LLC, dba OREGON LNG, No. CV 09-847-JE Plaintiff, OPINION & ORDER v. PORT OF ASTORIA, an Oregon Port; DAN HESS, an individual; LARRY PFUND, an individual; WILLIAM HUNSINGER, an individual; JACK BLAND, an individual; and FLOYD HOLCOM, an individual, Defendants. MOSMAN, J., On February 3, 2010, Magistrate Judge Jelderks issued Findings and Recommendation ("F&R") (#126) in the above-captioned case recommending that I GRANT plaintiff's Motion for Preliminary Injunction (#101). Defendants filed objections to the F&R with a request for an evidentiary hearing (#129) and plaintiff responded (#130). 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 PAGE 1 - OPINION & ORDER 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 Jelderks's recommendation, and I ADOPT the F&R (#126) as my own opinion. Plaintiff's Motion for Preliminary Injunction (#101) is GRANTED as described in Judge Jelderks's F&R. Defendants should take immediate steps to provide the additional thirtyyear term specified in the sublease, and to make the land subject to that sublease available to plaintiff LNG for its use. IT IS SO ORDERED. DATED this 11th day of March, 2010. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court PAGE 2 - OPINION & ORDER
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
