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U.S. Bank v. Edwards

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Sep 26, 2018
Case No. 3:16-cv-01307-AC (D. Or. Sep. 26, 2018)

Opinion

Case No. 3:16-cv-01307-AC

09-26-2018

U.S. BANK NATIONAL ASSOCIATION, as Trustee for GREENPOINT MORTGAGE FUNDING TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR4, Plaintiff, v. TERENCE EDWARDS; WEST COAST SERVICING, INC.; GMAC MORTGAGE, LLC; LSI TITLE COMPANY OF OREGON, LLC; and PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT HEREIN, Defendants.


OPINION AND ORDER MOSMAN, J.,

On August 28, 2018, Magistrate Judge John V. Acosta issued his Findings and Recommendation (F&R) [74], recommending that I GRANT in part and DENY in part Plaintiff's Motion for Summary Judgment [56]. No party objected.

DISCUSSION

The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court 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)(1)(C). However, the court is not required to review, de novo or under any other standard, the factual or legal 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)(1)(C).

CONCLUSION

Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R [74] in full. I GRANT in part and DENY in part Plaintiff's Motion for Summary Judgment [56].

IT IS SO ORDERED.

DATED this 26 day of September, 2018.

/s/_________

MICHAEL W. MOSMAN

Chief United States District Judge


Summaries of

U.S. Bank v. Edwards

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Sep 26, 2018
Case No. 3:16-cv-01307-AC (D. Or. Sep. 26, 2018)
Case details for

U.S. Bank v. Edwards

Case Details

Full title:U.S. BANK NATIONAL ASSOCIATION, as Trustee for GREENPOINT MORTGAGE FUNDING…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Sep 26, 2018

Citations

Case No. 3:16-cv-01307-AC (D. Or. Sep. 26, 2018)