Schwartz v. Christiana Trust et al

Filing 42

ORDER: Adopting the Magistrate's Findings and Recommendation 40 . The following motions and requests are granted: Christiana Trust's Request for Judicial Notice 29 and Motion to Dismiss 27 ; and Bank of America's Request for Judicial Notice 32 and Motion to Dismiss 31 . Signed on 6/27/16 by Judge Marco A. Hernandez. (gm) Modified on 6/27/2016. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

TONY SCHWARTZ,
Plaintiff,

No. 3:15-cv-02075-PK

v.
ORDER
CHRISTIANA TRUST and
BANK OF AMERICA, N.A.,
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation [40] on June 2, 2016, in
which he recommends that this Court grant Christiana Trust’s Request for Judicial Notice and
Motion to Dismiss; and Bank of America’s Request for Judicial Notice and Motion to Dismiss.
The matter is now before me 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, I am relieved of my obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt,
1 – ORDER

840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate
Judge's report to which objections have been made). Having reviewed the legal principles de
novo, I find no error.
CONCLUSION
The Court adopts Magistrate Judge Papak’s Findings & Recommendation [40], and
therefore, the following motions and requests are granted: Christiana Trust’s Request for Judicial
Notice [29] and Motion to Dismiss [27]; and Bank of America’s Request for Judicial Notice [32]
and Motion to Dismiss [31].
IT IS SO ORDERED.

DATED this ___________________ day of _________________________, 2016.

________________________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER