Hemenway et al v. Wells Fargo, N.A. et al

Filing 48

ORDER: The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation 42 . The Court GRANTS Defendants' Motion 19 for Summary Judgment as to each of Plaintiffs' claims. Signed on 02/14/2012 by Judge Anna J. Brown. See attached 3 page Order for full text. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

JAMES D. HEMENWAY AND DANA A.
HEMENWAY,

3:11-CV-283-HU
ORDER

Plaintiffs,
v.
WELLS FARGO, N.A., a federal
bank; and FEDERAL HOME LOAN
MORTGAGE CORPORATION, a
federal chartered
corporation,
Defendants.

BENJAMIN D. KNAUPP
Benjamin D. Knaupp, PC
254 N. First Avenue
Hillsboro, OR 97124
[phone]
Attorney for Plaintiffs

1 - ORDER

ROBERT E. SABIDO
MICHAEL J. MANGAN
Cosgrave Vergeer Kester, LLP
888 S.W. Fifth Avenue, Suite 500
Portland, OR 97204
[phone]
Attorneys for Defendant

BROWN, Judge.
Magistrate Judge Dennis James Hubel issued Findings and
Recommendation (#42) on January 9, 2012, in which he recommends
this Court grant Defendants’1 Motion (#19) for Summary Judgment
as to each of Plaintiffs’ claims for quiet title and breach of
the duty of good faith and fair dealing.
Because no objections to the Magistrate Judge's Findings and
Recommendation were timely filed, this Court is relieved of its
obligation to review the record de novo.

Britt v. Simi Valley

Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983)(rev'd on
other grounds).

See also Lorin Corp. v. Goto & Co., 700 F.2d

1202, 1206 (8th Cir. 1983).

Having reviewed the legal principles

de novo, the Court does not find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Hubel's Findings and

1

On February 6, 2012, the parties stipulated to the
dismissal with prejudice of Plaintiff’ claims against Defendant
Federal Home Loan Mortgage Corporation; thus, the Findings and
Recommendation is now only pertinent to Defendant Wells Fargo.
2 - ORDER

Recommendation (#42).

Accordingly, the Court GRANTS Defendants’

Motion (#19) for Summary Judgment as to each of Plaintiffs’
claims.
IT IS SO ORDERED.
DATED this 14th day of February, 2012.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

3 - ORDER