Tripp v. Wells Fargo & Company et al

Filing 63

ORDER: I adopt the F&R 53 in its entirety. Accordingly, Defendants' Motion to Dismiss 24 is GRANTED. Plaintiff's RESPA and TILA claims are therefore dismissed with prejudice and Plaintiff's Oregon UTPA claim is dismissed without prejudice. Signed on 3/25/2019 by Judge Ann L. Aiken. (ck)

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

SUSAN TRIPP,

Case 6:18-cv-00983-MK

ORDER
Plaintiff,
V.

WELLS FARGO & COMPANY,
WELLS FARGO BANK, N.A., and
WELLS FARGO HOME MORTGAGE,
Defendants.

AIKEN, District Judge:
Magistrate Judge Mustafa Kasubhai filed his Findings and Recommendation
("F&R") (doc. 53) recommending that Defendant's Motion to Dismiss (doc. 24) should
be granted. Plaintiff and Defendants then timely filed objections to the F&R (doc. 55
and 57, respectively). The matter is now before me. See 28 U.S.C. § 636(b)(l)(B) and
Fed. R. Civ. P. 72(b). When either party objects to any portion of a magistrate judge's
F&R, the district court must make a de novo determination of that portion of the
magistrate judge's report. See 28 U.S.C. § 636(b)(l); McDonnell Douglas Corp. v.

Page 1 - ORDER

Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert denied,

455 U.S. 920 (1982). Based on my review of the F&R and the documents in the case,
I find no error in Judge Kasubhai's F&R and the parties' objections do not undermine
Judge Kasubhai's analysis.

Thus, I adopt the F&R (doc. 53) in its entirety.

Accordingly, Defendant's Motion to Dismiss (doc. 24) is GRANTED.

Plaintiffs

RESPA and TILA claims are therefore dismissed with prejudice and Plaintiffs
Oregon UTPA claim is dismissed without prejudice.
IT IS SO ORDERED.
Dated this ~.J~y of March, 2019.

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Ann Aiken
United States District Judge

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