Dauenhauer et al v. Columbia River Bank et al

Filing 29

ORDER - Denying Motion to Remand Case to State Court 9 ; Adopting Findings and Recommendation 24 . Signed on 4/24/12 by Judge Anna J. Brown. (mja)

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

CARL DAUENHAUER and LORES
DAUENHAUER, husband and wife,
also doing business as
DAUENHAUER FARMS with an
assumed name HDW and HAUER OF
THE DAUEN, INC., an Oregon
corporation with HDW,

3:11-CV-01436-ST
ORDER

Plaintiffs,
v.
COLUMBIA RIVER BANK, an
Oregon bank corporation and
COLUMBIA STATE BANK, a
banking corporation,
Defendants.

BROWN, Judge.

Magistrate Judge Janice M. Stewart issued Findings and
Recommendation (#24) on February 22, 2012, in which she
1 - ORDER

recommended the Court deny Plaintiffs' Motion (#9) to Remand.
Plaintiffs filed timely Objections to the Findings and
Recommendation.
28 U.S.C.

§

The matter is now before this Court pursuant to

636(b) (1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate
Judge's Findings and Recommendation, the district court must make
a de novo determination of that portion of the Magistrate Judge's
report.
Tapia,

28 U.S.C.

§

636(b) (1).

See also United States v.

Reyna-

328 F.3d 1114, 1121 (9 th Cir. 2003) (en bane); United

States v.

Bernhardt,

840 F.2d 1441, 1444 (9 th Cir. 1988).

In their Objections, Plaintiffs reiterate the arguments
contained in their Motion to Remand, Reply in support of their
Motion to Remand, and stated at oral argument.

This Court has

carefully considered Plaintiffs' Objections and concludes they do
not provide a basis to modify the Findings and Recommendation.
The Court also has reviewed the pertinent portions of the record
de novo and does not find any error in the Magistrate Judge's
Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Stewart's Findings and
Recommendation (#24) and DENIES Plaintiffs' Motion (#9) to

2 - ORDER

Remand.
IT IS SO ORDERED.
DATED this 24th day of April, 2012.

United States District Judge

3 - ORDER