Elawyers Elawyers
Washington| Change

Estate of Osborn-Vincent v. Ameriprise Financial Services, Inc., 3:16-cv-02305-YY. (2019)

Court: District Court, D. Oregon Number: infdco20190227g67 Visitors: 14
Filed: Feb. 25, 2019
Latest Update: Feb. 25, 2019
Summary: >OPINION AND ORDER MICHAEL W. MOSMAN , Chief District Judge . On January 3, 2019, Magistrate Judge Youlee Yim You issued her Findings and Recommendation (F&R) [134], recommending that I GRANT in part and DENY in part Plaintiffs Motion to Dismiss Defendants' Counterclaim and Strike Defendants' Counterclaim and Affirmative Defenses [96]. Neither party filed objections to the F&R. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written obj
More

>OPINION AND ORDER

On January 3, 2019, Magistrate Judge Youlee Yim You issued her Findings and Recommendation (F&R) [134], recommending that I GRANT in part and DENY in part Plaintiffs Motion to Dismiss Defendants' Counterclaim and Strike Defendants' Counterclaim and Affirmative Defenses [96]. Neither party filed objections to the F&R.

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 retains responsibility for making the final determination. The court is generally required to make a de novo determination regarding 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, de novo or under 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 part of the F&R. 28 U.S.C. § 636(b)(1)(C).

CONCLUSION

Upon review, I agree with Judge You's recommendation and I ADOPT the F&R [134] as my own opinion. Plaintiffs motion to dismiss or strike Defendants' counterclaim for attorney fees [96] is DENIED. Plaintiffs motion to strike Defendants' affirmative defenses [96] is GRANTED in that references to ORS 124.110(1)(b) in paragraphs 51(b)(2) and (4) of the Answer [90] are stricken and is otherwise DENIED.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer