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Fatemi v. Northland Group, Inc., 3:15-CV-00371-YY. (2016)

Court: District Court, D. Oregon Number: infdco20160516b35 Visitors: 8
Filed: May 13, 2016
Latest Update: May 13, 2016
Summary: ORDER ANNA J. BROWN , District Judge . Magistrate Judge Janice M. Stewart 1 issued Findings and Recommendation (#51) on February 11, 2016, in which she recommends the Court grant the Motion (#37) for Summary Judgment of Defendant Northland Group, Inc., as to Plaintiff's claim for violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692f and deny Defendant's Motion as to Plaintiff's claim for violation of 1692e of the FDCPA and as to Defendant's bona fide error defe
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ORDER

Magistrate Judge Janice M. Stewart1 issued Findings and Recommendation (#51) on February 11, 2016, in which she recommends the Court grant the Motion (#37) for Summary Judgment of Defendant Northland Group, Inc., as to Plaintiff's claim for violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692f and deny Defendant's Motion as to Plaintiff's claim for violation of § 1692e of the FDCPA and as to Defendant's bona fide error defense. Defendant 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).

In its Objections Defendant reiterates the arguments contained in its Motion for Summary Judgment and Reply 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 Stewart's Findings and Recommendation (#51), GRANTS Defendant's Motion (#37) for Summary Judgment as to as to Plaintiff's claim for violation of § 1692f of the FDCPA, and DENIES Defendant's Motion as to Plaintiff's claim for violation of § 1692e of the FDCPA and as to Defendant's bona fide error defense.

IT IS SO ORDERED.

FootNotes


1. This matter was reassigned to Magistrate Judge Youlee Yim Yo on March 3, 2016.
Source:  Leagle

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