Crittenden v. Navient

Filing 22

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings & Recommendation 19 . Accordingly, Defendant's motion to compel arbitration 13 is granted. However, the Court MODIFIES the F&R's recommendation to stay proceedin gs pending arbitration; instead, the Court orders that this case be dismissed. See Johnmohammadi v. Bloomingdale's, Inc., 755 F.3d 1072, 107374 (9th Cir. 2014) (holding that a district court may dismiss an action outright instead of issuing a stay where the court determines that all of the claims raised in the action are subject to arbitration). IT IS SO ORDERED. Signed on 11/28/2017 by Judge Marco A. Hernandez. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DAVID WAYNE CRITTENDEN,
Plaintiff,

No. 3:17-cv-00364-SB
ORDER

v.

NAVIENT SOLUTIONS, LLC,
Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge Stacie Beckerman issued a Findings and Recommendation [19] on
September 25, 2017, in which she recommends that the Court grant Defendant’s motion to
compel arbitration [13]. Plaintiff brings this action pro se against Defendant, his student loan
servicer, alleging claims for violations of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681–
1681x, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p, as well as common
law defamation and negligence claims.

1 – ORDER

Because neither party timely filed an objection to the Magistrate Judge’s Findings and
Recommendation, the Court is relieved of its 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, 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, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman’s Findings & Recommendation [19].
Accordingly, Defendant’s motion to compel arbitration [13] is granted. However, the Court
MODIFIES the F&R’s recommendation to stay proceedings pending arbitration; instead, the
Court orders that this case be dismissed. See Johnmohammadi v. Bloomingdale's, Inc., 755 F.3d
1072, 1073–74 (9th Cir. 2014) (holding that a district court may dismiss an action outright
instead of issuing a stay where “the court determines that all of the claims raised in the action are
subject to arbitration”).
IT IS SO ORDERED.

DATED this

day of

, 2017.

____________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER