Brown v. BYRV, Inc. et al

Filing 50

ORDER: The Court ADOPTS Magistrate Judge Acostas Findings andRecommendation 44 and, accordingly, GRANTS BYRV's Motion 13 to Dismiss or, in the Alternative, to Stay Action in Favor of Mandatory Arbitrationas to BYRVs alternative Moti on to stay this action; GRANTS Tiffin Motor Homes Motion 16 to Compel Arbitration, but DENIES as moot Tiffins alternativeMotion to Dismiss for Improper Venue; and GRANTS Sentry Selects Motion 20 toDismiss as to Sentry Selects alternative Motion to stay this action. The Court STAYS this action pending resolution of the joint arbitration proceeding to be conducted in Oregon. Signed on 07/24/2015 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

JUDITH BROWN,

3:14-cv-01213-AC
Plaintiff,

ORDER

v.
BYRV, INC.; TIFFIN MOTOR HOMES,
INC.; and SENTRY SELECT
INSURANCE COMPANY,
Defendants.

BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and
Recommendation (#44) on May 27, 2015, in which he recommends the
Court grant BYRV’s Motion (#13) to Dismiss or, in the
Alternative, to Stay Action in Favor of Mandatory Arbitration;
Tiffin Motor Homes’ Motion (#16) to Compel Arbitration; and
Sentry Select’s Motion (#20) to Dismiss or, in the alternative,
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to stay the action pending the outcome of mandatory arbitration.
Accordingly, the Magistrate Judge recommends the Court stay this
action pending resolution of a joint arbitration proceeding to be
held in Oregon.
Plaintiff filed timely Objections to the Findings and
Recommendation.

The matter is now before this Court 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).

See also 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).
Plaintiff objects to that portion of the Findings and
Recommendation in which the Magistrate Judge concludes (1) the
Magnuson Moss Warranty Act does not preclude binding arbitration,
(2) the issue as to whether BYRV’s “punch list” constituted a
warranty is not properly before this Court and should be
considered by an arbitrator, and (3) Plaintiff consented to
binding arbitration with Tiffin Motor Homes.
This Court has carefully considered Defendant's 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

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Magistrate Judge's Findings and Recommendation.

CONCLUSION
The Court ADOPTS Magistrate Judge Acosta’s Findings and
Recommendation (#44) and, accordingly, GRANTS Defendants’ Motions
as follows:
1.

The Court GRANTS BYRV’s Motion (#13) to Dismiss or, in

the Alternative, to Stay Action in Favor of Mandatory Arbitration
as to BYRV’s alternative Motion to stay this action;
2.

The Court GRANTS Tiffin Motor Homes’ Motion (#16) to

Compel Arbitration, but DENIES as moot Tiffin’s alternative
Motion to Dismiss for Improper Venue; and
3.

The Court GRANTS Sentry Select’s Motion (#20) to

Dismiss as to Sentry Select’s alternative Motion to stay this
action.
Accordingly, the Court STAYS this action pending resolution
of the joint arbitration proceeding to be conducted in Oregon.
IT IS SO ORDERED.
DATED this 24th day of July, 2015.

/s/ Anna J. Brown
________________________
ANNA J. BROWN
United States District Judge

3 - ORDER