Person v. Bank of America N.A.

Filing 18

ORDER: The Court adopts Magistrate Judge Jelderks' Findings and Recommendation 16 . Therefore, Defendant's motion to dismiss 5 is granted. This case is dismissed without prejudice and with leave to re-file. See 3-page order attached. Signed on 6/28/2013 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

MARLA PERSON,
Plaintiff,
v.

ORDER

BANK OF AMERICA N.A.,
Defendant.

Glen P. McClendon
Michael J. Estok
Lindsay Hart Neil & Weigler, LLP
1300 SW Fifth Avenue, Suite 3400
Portland, OR 97201
Attorneys for Plaintiff
Barbara V.G. Parker
Edwards Wildman Palmer LLP
111 Huntington Avenue
Boston, MA 02199
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1 - ORDER

No. 3:13-cv-00283-JE

Heather A. Pierce
Edwards Wildman Palmer, LLP
2800 Financial Plaza
Providence, RI 02903
Jenna Leigh Mooney
Davis Wright Tremaine, LLP
1300 SW Fifth Avenue, Suite 2400
Portland, OR 97201-5630
Attorneys for Defendant
HERNANDEZ, District Judge:
Magistrate Judge Jelderks issued a Findings and Recommendation [#14] on May 16,
2013, in which he recommends that the Court should grant Defendant’s motion to dismiss for
failure to state a claim and dismiss the action, without prejudice and with leave to re-file.
Plaintiff timely filed objections to the Findings and Recommendation. The matter is now before
me pursuant to 28 U.S.C. § 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. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th
Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
I have carefully considered Plaintiff’s objections and conclude that the objections do not
provide a basis to modify the Findings and Recommendation. I have also reviewed the pertinent
portions of the record de novo and find no error in the Magistrate Judge’s Findings and
Recommendation.
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2 - ORDER

CONCLUSION
The Court adopts Magistrate Judge Jelderks’ Findings and Recommendation [#16].
Therefore, Defendant’s motion to dismiss [#5] is granted. This case is dismissed without
prejudice and with leave to re-file.
IT IS SO ORDERED.

DATED this

day of

, 2013.

MARCO A. HERNANDEZ
United States District Judge

3 - ORDER