Rothstein et al v. Bayview Loan Servicing, LLC

Filing 25

ORDER: The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation 21 . Accordingly, the Court GRANTS Defendant's Motion 16 to Dismiss with prejudice Plaintiff's common-law claims of breach of contract and negligent misrepresentation. Signed on 03/10/2015 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

MICHAEL ROTHSTEIN and
ROMAINE ROTHSTEIN,
Plaintiffs,

3:14-CV-1102-PK
ORDER

v.
BAYVIEW LOAN SERVICING, LLC, a
Delaware limited liability
corporation,
Defendant.

BROWN, Judge.
Magistrate Judge Paul Papak issued Findings and
Recommendation (#21) on January 9, 2015, in which he recommends
the Court grant Defendant's Motion (#16) to Dismiss Plaintiff’s
breach-of-contract and negligent misrepresentation claims for
failure to state a claim upon which relief can be granted.

1 - ORDER

The

matter is now before this Court pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
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.
561 F.3d 930, 932 (9th Cir. 2009).

See Dawson v. Marshall,

See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
Having reviewed the legal principles de novo, the Court does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings and
Recommendation (#21).

Accordingly, the Court GRANTS Defendant's

Motion (#16) to Dismiss with prejudice Plaintiff's common-law
claims of breach of contract and negligent misrepresentation.
IT IS SO ORDERED.
DATED this 10th day of March, 2015.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

2 - ORDER