Memmott v. Onewest Bank, FSB et al

Filing 67

ORDER: Adopting Report and Recommendation 58 ; Granting Motion to Dismiss 9 ; Granting in Part Denying in Part Motion to Dismiss 14 . Ordered & Signed on 4/25/11 by Judge Owen M. Panner. (kf)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

DONNA JENE MEMMOTT,

Plaintiff,

Civ. No. 10-3042-CL

v.

ORDER

ONEWEST BANK, FSB, and
REGIONAL TRUSTEE SERVICES
CORPORATION,
Defendants.

PANNER, District Judge:
On February 9,

2011, Magistrate Judge Mark D. Clarke filed a

Report and Recommendation (#58), and the matter is now before this
c ou rt. See 28 U. S . C. § 636 (b) (1) (B),

Fe d. R. Ci v.

P. 72 (b) .

Plaintiff and defendant Regional Trustee Services Corporation
filed objections, and responses were filed to the objections.
Therefore,

I have reviewed the file of this case de novo. 28

U.S.C. § 636(b) (1) (c); McDonnell Douglas Corp. v. Commodore Bus.
Mach.,

Inc.,

1 - ORDER

656 F.2d 1309, 1313

(9th Cir. 1981) .On April 19,

2011, I presided over oral ar
With one addition, Ma
Recommendation (#58) is

s regarding the objections.

strate Judge

ed. At the beginning of the first

full paragraph on page 11 (just
nor Regional

ior to "Since neither OneWest

."), I include the following:

At this st
in t
a "debt col ector"
deciding, that
the FDCPA."

ings, I conclude OneWest is
FDCPA. I assume, without
also a "debt collector" under

This matter is re

to Magistrate Judge Clarke for

further proceedings.
IT IS SO ORDERED.

DATED this

~a--daYOf

April, 2011.

OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER

rke's Report and