Gifford et al v. Bank of America et al

Filing 49

ORDER: I ADOPT Magistrate Judge Papak's Findings and Recommendation dated July 7, 2010 47 in its entirety. IT IS HEREBY ORDERED that Bank of America's Motion for Judgment on the Pleadings (#43) is granted. All claims except the TI LA claim for rescission are dismissed with prejudice. Plaintiffs may file an Amended Complaint by September 7, 2010, which corrects the deficiencies in the TILA claim for rescission. If plaintiffs fail to file an Amended Complaint by the deadline, I will dismiss the entire case with prejudice. Signed on 8/10/2010 by Judge Garr M. King. (See formal Order, 2-pages) (ecp)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION BARBARA GIFFORD and KEVIN GIFFORD, Plaintiffs, v. BANK OF AMERICA, et al., Defendants. ___________________________________ E. Clarke Balcom Clarke Balcom PC 1312 SW 16th Avenue, Second Floor Portland, Oregon 97201 Shannon D. Sims Attorney at Law 3027 East Burnside, #8 Portland, Oregon 97214 Attorneys for Plaintiffs Page 1 - ORDER Civil No. 09-639-PK

ORDER

Gregory A. Chaimov P. Andrew McStay , Jr. Davis Wright Tremaine, LLP 1300 SW Fifth Avenue, Suite 2300 Portland, Oregon 97201-5630 Attorneys for Defendants KING, Judge: The Honorable Paul Papak, United States Magistrate Judge, filed Findings and Recommendation on July 9, 2010. The matter is before this court. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review. Lorin Corp. v. Goto & Co., Ltd., 700 F.2nd 1202, 1206 (8th Cir. 1983); See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error. Accordingly, I ADOPT Magistrate Judge Papak's Findings and Recommendation dated July 7, 2010 (#47) in its entirety. IT IS HEREBY ORDERED that Bank of America's Motion for Judgment on the Pleadings (#43) is granted. All claims except the TILA claim for rescission are dismissed with prejudice. Plaintiffs may file an Amended Complaint by September 7, 2010, which corrects the deficiencies in the TILA claim for rescission. If plaintiffs fail to file an Amended Complaint by the deadline, I will dismiss the entire case with prejudice. DATED this 9th day of August, 2010.

/s/ Garr M. King GARR M. KING United States District Judge

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