Metke v. Bank Of New York Mellon et al

Filing 132

ORDER: Adopting the Magistrate's Findings and Recommendation 125 . Defendants' Motions for Summary Judgment 103 & 106 are Granted. This case is dismissed with prejudice. Signed on 5/9/21 by Judge Marco A. Hernandez. (gm) Modified on 5/10/2021 to correct filing date. NEF regenerated to the parties. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

BRIAN METKE,

No. 3:18-cv-00929-JR
Plaintiff,

ORDER

v.
THE BANK OF NEW YORK MELLON,
fka The Bank of New York, as Trustee for
the Certificateholders of the CWABS, Inc.,
Asset-Backed Certificates Series 2006-18,
a New York Trust; QUALITY LOAN
SERVICES CORP OF WASHINGTON, a
Washington Corporation; COUNTRYWIDE
HOME LOAN, INC., a Delaware
Corporation; and JOHN DOES 1-4, who are
Individuals or entities currently unknown to
the Plaintiff,
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Russo issued a Findings and Recommendation on March 5, 2021, in
which she recommends that this Court grant Defendants’ Motions for Summary Judgment and

1 - ORDER

enter judgment dismissing this case. F&R, ECF 125. The matter is now before the Court
pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Plaintiff filed timely objections to the Magistrate Judge’s Findings & Recommendation.
Pl. Obj., ECF 129. When any party objects to any portion of the Magistrate Judge’s Findings &
Recommendation, the district court must make a de novo determination of that portion of the
Magistrate Judge’s report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th
Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
The Court has carefully considered Plaintiff’s objections and concludes that there is no
basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent
portions of the record de novo and finds no error in the Magistrate Judge’s Findings &
Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Russo’s Findings and Recommendation [125]. The
Court GRANTS Defendants’ Motions for Summary Judgment [103][106]. This case is dismissed
with prejudice.
IT IS SO ORDERED.

DATED: _______________________.
May 9, 2021

___________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER