GILL
v.
BRUNSWICK CORP.
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The district court adopted a magistrate judge's findings and recommendations, denying the defendant's motion to dismiss and granting the plaintiff's motion to transfer venue to the Southern District of Florida.
The court denied the defendant's motion to dismiss and granted the plaintiff's motion to transfer venue, adopting the magistrate judge's findings and recommendations and transferring the action to the United States District Court for the Southern District of Florida.
“The magistrate judge's conclusions of law are reviewed de novo.”
Establishes the standard of appellate review for magistrate judge legal determinations
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Join FLexlaw to unlock all legal intelligenceThe case involves a dispute between Gill and Brunswick Corp. A magistrate judge filed findings and recommendations on August 13, 2025. The defendant f…
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(ECF Nos. 6, 9, 18)
On August 13, 2025, the magistrate judge filed findings and recommendations herein, which were served on the parties and contained notice that any objections to the findings and recommendations were to be filed within fourteen days. No objection was filed.
The court presumes that any findings of fact are correct. See Orand v. United States, 602 F. 2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Robbins v. Carey, 481 F. 3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . ."). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.
Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations filed on August 13, 2025 (ECF No. 18) are
ADOPTED; 2. Defendant's motion to dismiss, (ECF No. 6), is DENIED; 3. Plaintiff's motion to transfer venue, (ECF No. 9), is GRANTED; and 4. This action is transferred to the United States District Court for the Southern District of Florida.
IT IS SO ORDERED.
Dated: September 3, 2025
Dena Coggins V United States District Judge