Madsen et al v. Bank of America N.A. et al
Filing
36
ORDER: I adopt the F&R 32 in its entirety. Accordingly, Defendant's Motion to Dismiss 18 is GRANTED. Plaintiffs' first and third claims are dismissed with prejudice and Plaintiffs shall have 30 days to file an amended complaint to restate their claim under Section 1692f(6) of the Fair Debt Collection Practices Act. Signed on 3/25/2019 by Judge Ann L. Aiken. (Mailed to Pro Se parties on 3/26/2019.) (ck)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
JEFFERY L. MADSEN and
JULIE H. MADSEN,
Case 1:18-cv-00803-CL
ORDER
Plaintiffs,
v.
BANK OF AMERICAN.A., et al.,
Defendants.
AIKEN, District Judge:
Magistrate Judge Mark Clarke filed his Findings and Recommendation
("F&R'') (doc. 32) recommending that Defendant's Motion to Dismiss (doc. 18) should
be granted, that Plaintiffs first and third claims be dismissed with prejudice, and
that Plaintiffs be allowed to file an amended complaint within 30 days to restate
their claim under Section 1692f(6) of the Fair Debt Collection Practices Act. Plaintiffs
timely filed objections to the F&R (doc. 35). The matter is now before me. See 28
U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P. 72(b). When either party objects to any
portion of a magistrate judge's F&R, the district court must make a de novo
Page 1 - ORDER
determination of that portion of the magistrate judge's report.
See 28 U.S.C. §
636(b)(l); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d
1309, 1313 (9th Cir. 1981), cert denied, 455 U.S. 920 (1982). Based on my review of
the F&R and the documents in the case, I find no error in Judge Clarke's F&R and
the parties' objections do not undermine Judge Clarke's analysis. Thus, I adopt the
F&R (doc. 32) in its entirety. Accordingly, Defendant's Motion to Dismiss (doc. 18) is
GRANTED.
Plaintiffs' first and third claims are dismissed with prejudice and
Plaintiffs shall have 30 days to file an amended complaint to restate their claim under
Section 1692f(6) of the Fair Debt Collection Practices Act.
IT IS SO ORDERED.
Dated thisd~~y of March, 2019.
Ann Aiken
United States District Judge
Page 2 - ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?