Lillis et al v. National Credit Union Administration Board

Filing 32

ORDER: Granting Motion 30 ; Granting Motion to Dismiss Case for Lack of Jurisdiction 13 ; Denying Plaintiffs' request for a stay[#14]. Adopting Findings and Recommendation 26 . Signed on 1/9/2015 by Judge Owen M. Panner. (jkm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
LOUIS LILLIS and SHIRLEY LILLIS,
No. 1:14-cv-867-CL
Plaintiffs,

v.
NATIONAL CREDIT ONION
ADMINISTRATION BOARD,

ORDER

Defendant.

PANNER, District Judge:

Magistrate Judge Mark D. Clarke-filed a Report and
Recommendation, and the matter is now before this court.
O.S~C.

§

636(b) (1) (B), Fed. R. Civ. P. 72 (b).

See 28

When either party

objects to any portion of a Magistrate Judge's Report and
Recommendation, the district court makes a de novo determination
of that portion of the Magistrate Judge's report.

28 O.S.C.

§

636(b) (1) (C); McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F. 2d 1309, 1313 (9th Cir. 1981).
1 - ORDER.

Here, the parties object to the Report and Recommendation, so
,J

I have reviewed this matter de novo.

I agree with Magistrate

Judge Clarke that Defendant's motion to dismiss for lack of
subject m?tter jurisdiction should be granted, and that Plaintiffs
are not entitled to a stay pending exhaustion of administrative
remedies.
CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#26) is
adopted.

Defendant's motion to dismiss

(#13) is granted and

Plaintiffs' request for a stay (#14) is denied.·
motion to settle the record (#30)

is granted.

IT IS SO ORDERED. ,
DATED this

~day

of January, 2015.

OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER

Plaintiffs'