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Metke v. Bank of N.Y. Mellon

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
May 9, 2021
No. 3:18-cv-00929-JR (D. Or. May. 9, 2021)

Opinion

No. 3:18-cv-00929-JR

05-09-2021

BRIAN METKE, Plaintiff, 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.


ORDER :

Magistrate Judge Russo issued a Findings and Recommendation on March 5, 2021, in which she recommends that this Court grant Defendants' Motions for Summary Judgment and enter judgment dismissing this case. F&R, ECF 125. 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).

Plaintiff filed timely objections to the Magistrate Judge's Findings & Recommendation. Pl. Obj., ECF 129. 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 Plaintiff's objections and concludes that 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.

CONCLUSION

The Court ADOPTS Magistrate Judge Russo's Findings and Recommendation [125]. The Court GRANTS Defendants' Motions for Summary Judgment [103][106]. This case is dismissed with prejudice.

IT IS SO ORDERED.

DATED: May 9, 2021.

/s/_________

MARCO A. HERNÁNDEZ

United States District Judge


Summaries of

Metke v. Bank of N.Y. Mellon

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
May 9, 2021
No. 3:18-cv-00929-JR (D. Or. May. 9, 2021)
Case details for

Metke v. Bank of N.Y. Mellon

Case Details

Full title:BRIAN METKE, Plaintiff, v. THE BANK OF NEW YORK MELLON, fka The Bank of…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: May 9, 2021

Citations

No. 3:18-cv-00929-JR (D. Or. May. 9, 2021)