Metke v. Bank Of New York Mellon et al

Filing 53

ORDER: Adopting the Magistrate's Findings and Recommendation 43 . Plaintiff's Request for Judicial Notice 37 and Defendant BNYM's Request for Judicial Notice 24 are Granted. Defendant Countrywide's Motion to Dismi ss 31 is Granted, and Defendant BNYM's Motion to Dismiss 23 is Granted as to Plaintiff's breach of contract claim and Denied in all other respects. Any motion to amend the complaint must be filed within 14 days of this Order. Signed on 4/11/19 by Judge Marco A. Hernandez. (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 [43] on December 4,
2018, in which she recommends that this Court grant Defendant BNYM and Plaintiff’s Requests
for Judicial Notice [24][37], grant Defendant Countrywide’s Motion to Dismiss [31], and grant
1 - ORDER

in part and deny in part Defendant BNYM’s Motion to Dismiss [23]. 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).
Defendant BNYM filed timely objections to the Magistrate Judge’s Findings &
Recommendation. Def. Obj., ECF [45]. 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 Defendant’s objections and concludes 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.
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CONCLUSION
The Court ADOPTS Magistrate Judge Russo’s Findings and Recommendation [43].
Accordingly, Plaintiff’s Request for Judicial Notice [37] and Defendant BNYM’s Request for
Judicial Notice [24] are GRANTED. Defendant Countrywide’s Motion to Dismiss is GRANTED
[31], and Defendant BNYM’s Motion to Dismiss [23] is GRANTED as to Plaintiff’s breach of
contract claim and DENIED in all other respects. Any motion to amend the complaint must be
filed within 14 days of this Order.
IT IS SO ORDERED.

DATED this ___________ day of __________________, 2019.

____________________________________________________
MARCO A. HERNÁNDEZ
United States District Judge

3 - ORDER