Schneider v. Bank of America N.A et al

Filing 214

ORDER signed by Judge John A. Mendez on 6/9/2015 PROPOSED FINDINGS AND RECOMMENDATIONS 173 are ADOPTED; Plaintiff's Motion to Amend the Second Amended Complaint 168 is DENIED.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER D. SCHNEIDER,

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No. 2:11-cv-2953-JAM-EFB PS

Plaintiff,
v.

ORDER

BANK OF AMERICA N.A.;
FHLMCLBAC 173 a.k.a. FEDERAL
HOMELOAN MORTGAGE
CORPORATION(FREDDIE MAC); BAC
HOME LOANSSERVICING LP;
BALBOA INSURANCECO.; BANK OF
AMERICAMORTGAGE; QUALITY
LOANSERVICE CORP.; HOME
RETENTIONGROUP,
Defendants.

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On February 27, 2015, the magistrate judge filed findings and recommendations herein

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which were served on the parties and which contained notice that any objections to the findings

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and recommendations were to be filed within fourteen days. After an extension of time, plaintiff

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filed objections on March 20, 2015, and they were considered by the undersigned.

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This court reviews de novo those portions of the proposed findings of fact to which

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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As

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to any portion of the proposed findings of fact to which no objection has been made, the court
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assumes its correctness and decides the motions on the applicable law. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The proposed Findings and Recommendations filed February 27, 2015, are
ADOPTED;
2. Plaintiff’s motion to amend the second amended complaint, ECF No. 168, is denied.
DATED: June 9, 2015

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/s/ John A. Mendez_________________________

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UNITED STATES DISTRICT COURT JUDGE

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