Rohillco Business Services LLC et al v. JPMorgan Chase Bank, N.A.

Filing 31

OPINION AND ORDER. Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R 29 as my own opinion. IT IS SO ORDERED. Signed on 7/25/2016 by Chief Judge Michael W. Mosman. (gw)

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

ROHILLCO BUSINESS SERVICES, LLC,
and GAP FUNDING COMPANY, LLC,
No. 3:15-cv-02270-SB
Plaintiffs,
OPINION AND ORDER
v.
JPMORGAN CHASE BANK, N.A.,
Defendant.
MOSMAN, J.,
On June 24, 2016, Magistrate Judge Beckerman issued her Findings and
Recommendation (F&R) [29], recommending the Motion to Dismiss for Failure to State a Claim
[12] should be GRANTED. No objections to the Findings and Recommendation were filed.
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court is not bound by the recommendations of the magistrate judge,
but retains responsibility for making the final determination. The court is generally required to
make a de novo determination regarding those portions of the report or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court
is not required to review, de novo or under any other standard, the factual or legal conclusions of
the magistrate judge as to those portions of the F&R to which no objections are addressed. See
Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121
1 – OPINION AND ORDER

(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R
depends on whether or not objections have been filed, in either case, I am free to accept, reject,
or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C).
Upon review, I agree with Judge Beckerman’s recommendation and I ADOPT the F&R
[29] as my own opinion.
IT IS SO ORDERED.
DATED this 25

day of July, 2016.

_/s/ Michael W. Mosman______
MICHAEL W. MOSMAN
Chief United States District Judge

2 – OPINION AND ORDER