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SHAPIRO v. AMERICAN BANK, 3:12-cv-01358-AC. (2013)

Court: District Court, D. Oregon Number: infdco20130809b98 Visitors: 13
Filed: Aug. 08, 2013
Latest Update: Aug. 08, 2013
Summary: ORDER ANNA J. BROWN, District Judge. Magistrate Judge John V. Acosta issued Findings and Recommendation (#18) on May 2, 2013, in which he recommends this Court deny Defendants' Motion (#4) to Dismiss for Improper Venue. Defendants filed timely Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Magistrate Judge's Findings and Recommendation,
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ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge John V. Acosta issued Findings and Recommendation (#18) on May 2, 2013, in which he recommends this Court deny Defendants' Motion (#4) to Dismiss for Improper Venue. Defendants filed timely Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1). See also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).

This Court has reviewed the record de novo, including Defendants' Objections. In their Objections, Defendants reiterate the arguments contained in their Motion to Dismiss for Improper Venue and their Reply in Support of their Motion and stated at oral argument. This Court has carefully considered Defendant's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#18) and, therefore, DENIES Defendants' Motion (#4) to Dismiss for Improper Venue.

IT IS SO ORDERED.

Source:  Leagle

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