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)

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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

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