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Dauven v. U.S. Bank National Association

United States District Court, D. Oregon, Portland Division
Jun 30, 2010
Civil Case No. 09-1471-PK (D. Or. Jun. 30, 2010)

Opinion

Civil Case No. 09-1471-PK.

June 30, 2010

Barbara G. Dauven, Theodore(Ted) E. Dauven, Christiana C. Dauven, Lake Oswego, Oregon, Pro Se Plaintiffs.

Pilar C. French, Megan E. Smith, Lane Powell, PC, Portland, Oregon, Attorneys for Defendants.


ORDER


The Honorable Paul Papak, United States Magistrate Judge, filed Findings and Recommendation on June 7, 2010. The matter is before this court. See 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review. Lorin Corp. v. Goto Co., Ltd., 700 F.2nd 1202, 1206 (8th Cir. 1983);See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error.

Accordingly, I ADOPT Magistrate Judge Papak's Findings and Recommendation (#28) dated June 7, 2010 in its entirety.

IT IS HEREBY ORDERED that the court grants defendants' motion to dismiss for lack of subject matter jurisdiction (#21) with leave to amend to correct the defects in the jurisdictional allegations. The court grants defendants' motion to strike (#21). The court grants defendants' motion to dismiss for failure to state a claim and (#21) dismisses the plaintiffs' trespass causes of action (Third and Fourth Causes of Action) with prejudice. The court dismisses plaintiffs' remaining claims with leave to amend, within thirty days, in a manner consistent with the Findings and Recommendation.


Summaries of

Dauven v. U.S. Bank National Association

United States District Court, D. Oregon, Portland Division
Jun 30, 2010
Civil Case No. 09-1471-PK (D. Or. Jun. 30, 2010)
Case details for

Dauven v. U.S. Bank National Association

Case Details

Full title:BARBARA G. DAUVEN, THEODORE (TED) E. DAUVEN, CHRISTIANA C. DAUVEN…

Court:United States District Court, D. Oregon, Portland Division

Date published: Jun 30, 2010

Citations

Civil Case No. 09-1471-PK (D. Or. Jun. 30, 2010)