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Metke v. Bank of New York Mellon, 3:18-cv-00929-JR. (2019)

Court: District Court, D. Oregon Number: infdco20190415g99 Visitors: 2
Filed: Apr. 11, 2019
Latest Update: Apr. 11, 2019
Summary: ORDER MARCO A. HERN NDEZ , District Judge . Magistrate Judge Russo issued a Findings and Recommendation [43] on December 4, 2018, in which she recommends that this Court grant Defendant BNYM and Plaintiff's Requests for Judicial Notice [24][37], grant Defendant Countrywide's Motion to Dismiss [31], and grant in part and deny in part Defendant BNYM's Motion to Dismiss [23]. The matter is now before the Court pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Def
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ORDER

Magistrate Judge Russo issued a Findings and Recommendation [43] on December 4, 2018, in which she recommends that this Court grant Defendant BNYM and Plaintiff's Requests for Judicial Notice [24][37], grant Defendant Countrywide's Motion to Dismiss [31], and grant in part and deny in part Defendant BNYM's Motion to Dismiss [23]. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Defendant BNYM filed timely objections to the Magistrate Judge's Findings & Recommendation. Def. Obj., ECF [45]. When any party objects to any portion of the Magistrate Judge's Findings & 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); 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).

The Court has carefully considered Defendant's objections and concludes there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge's Findings & Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Russo's Findings and Recommendation [43]. Accordingly, Plaintiff's Request for Judicial Notice [37] and Defendant BNYM's Request for Judicial Notice [24] are GRANTED. Defendant Countrywide's Motion to Dismiss is GRANTED [31], and Defendant BNYM's Motion to Dismiss [23] is GRANTED as to Plaintiff's breach of contract claim and DENIED in all other respects. Any motion to amend the complaint must be filed within 14 days of this Order.

IT IS SO ORDERED.

Source:  Leagle

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