Bromfield v. Toyota Motor Sales Company

Filing 32

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 30 . Defendant's Motion to Dismiss 23 is Granted. Plaintiff's claim under the Federal Trade Commission Act is Dismissed with prejudice. Plaintif f is permitted leave to file an amended complaint on his breach of contract claim within fourteen (14) days. Plaintiff is advised that failure to file an amended complaint within the allotted time will result in the entry of a judgment of dismissal. Signed on 5/29/19 by Judge Michael W. Mosman. (Mailed to Pro Se party on 5/30/19.) (gm)

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

DAMION BROMFIELD,
No. 3:18-cv-00681-JR
Plaintiff,
OPINION AND ORDER

v.
TOYOTA MOTOR SALES COMPANY,
Defendant.

MOSMAN,J.,
On March 20, 2019, Magistrate Judge Jolie A. Russo issued her Findings and
Recommendation (F&R) [30], recommending that I GRANT Defendant's Motion to Dismiss
[23]. Neither patty objected.

DISCUSSION
The magistrate judge makes only recommendations to the court, to which any patty may
file written objections. The comt 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)(l)(C). However, the
court is not required to review, de novo or under any other standard, the factual or legal

1 - OPINION AND ORDER

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 (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)(l)(C).
CONCLUSION
Upon review, I agree with Judge Russo's recommendation and I ADOPT the F&R [30] in
full. Defendant's Motion to Dismiss [23] is GRANTED. Plaintiff's claim under the Federal
Trade Commission Act is dismissed with prejudice. Plaintiff is permitted leave to file an
amended complaint on his breach of contract claim within fourteen (14) days. Plaintiff is
advised that failure to file an amended complaint within the allotted time will result in the entry
of a judgment of dismissal.
IT IS SO ORDERED.
DATED this

'21_ day of May, 2019.

2 - OPINION AND ORDER