Bank Of New York Mellon v. Humbarger et al

Filing 71

ORDER - The Court ADOPTS Magistrate Judge Acosta's Findings & Recommendation 67 . Accordingly, Plaintiff's motion for summary judgment 42 is denied. The request by Defendants Roger and Carolyn Humbarger for summary judgment as to their elder abuse and exploitation claim, which was contained within their response to Plaintiff's motion for summary judgment, is also denied. IT IS SO ORDERED. DATED this 7th day of October, 2019, by United States District Judge Marco A. Hernandez. (Mailed to Pro Se party on 10/8/19.) (peg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
THE BANK OF NEW YOUR MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE (CWMBS 2004-25),

No. 3:16-cv-02012-AC

Plaintiff,
v.
ROGER H. HUMBARGER, et al.,

ORDER

Defendants.
HERNANDEZ, District Judge:
Magistrate Judge Acosta issued a Findings and Recommendation (#67) on August 1,
2019, in which he recommends that this Court deny Plaintiff's motion for summary judgment and
deny the request by Defendants Roger and Carolyn Humbarger, contained in their response to
Plaintiff's motion for summary judgment, for summary judgment on their elder abuse and
exploitation counterclaim. 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. Reyna1 - ORDER

Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 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 Acosta's Findings & Recommendation [67].
Accordingly, Plaintiff's motion for summary judgment [42] is denied. The request by Defendants
Roger and Carolyn Humbarger for summary judgment as to their elder abuse and exploitation
claim, which was contained within their response to Plaintiff's motion for summary judgment, is
also denied.
IT IS SO ORDERED.
DATED this

day of

, 2019.

MARCO A. HERNANDEZ
United States District Judge

2 - ORDER