Raybould et al v. JPMorgan Chase Bank N.A.

Filing 21

ORDER: Adopting Magistrate's Findings and Recommendation 13 and grant defendant's motion to dismiss plaintiffs' FDCPA claim with prejudice, and further grant plaintiffs' alternative motion to make more definite and cer tain regarding plaintiff's remaining claims. Plaintiffs are granted leave to refile their remaining claims within 30 days of the date of this Order and failure to refile may result in the dismissal of this action. See formal order. Copy of this order and formal order sent to pro se Plaintiffs. Signed on 4/3/2014 by Chief Judge Ann L. Aiken. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
DENNIS RAYBOULD AND DIANCE RAYBOULD,

No.

6:13-cv-1966-TC
0 R D E R

Plaintiffs,
vs.
JPMORGAN CHASE BANK, N.A.,
Defendant.

AIKEN, Chief Judge:
Magistrate Judge Coffin filed his Findings and
Recommendation on February 24, 2014.

The matter is now before me

pursuant to 28 U.S.C. § 636(b) (1) (B) and Fed. R. Civ. P. 72(b).
When a party objects to any portion of the Magistrate's Findings

1 - ORDER

and Recommendation, the district court must make a de novo
determination of that portion of the Magistrate's report.
U.S.C.

§

28

636(b) (1) (B); McDonnell Douglas Corp. v. Commodore

Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert.
denied, 455 U.S. 920 (1982).
Plaintiffs filed objections (doc. 13) to the Findings and
Recommendation. Defendant declined to file any response. I have,
therefore, given the file of this case a de novo review.

I ADOPT

the Magistrate's Findings and Recommendation (doc. 13) and grant
defendant's motion to dismiss plaintiffs' FDCPA claim with
prejudice, and further grant plaintiffs' alternative motion to
make more definite and certain regarding plaintiff's remaining
claims.

Specifically, plaintiffs are granted leave to refile

their remaining claims within 30 days of the date of this Order.
Plaintiffs' failure to refile within 30 days of this Order may
result in the dismissal of this action for failure to prosecute
and failure to follow a court order.
IT IS SO ORDERED.
Dated

this~day

of April 2014.

Ann Aiken
United States District Judge

2 - ORDER