Yoakum et al v. Wells Fargo Bank, National Association, No. 3:2009cv01114 - Document 52 (D. Or. 2011)

Court Description: OPINION AND ORDER. I ADOPT Magistrate Judge Jelderks' Findings and Recommendation (doc. 50) as my own opinion. I DENY Wells Fargo's Motion to Strike (doc. 38), but GRANT its Motion for Summary Judgment (doc. 20) and DISMISS this action with prejudice. IT IS SO ORDERED. Signed on 4/20/2011 by Judge James A. Redden. (pvh)

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FILEJ)':\1 i4F'R 21 15Gll1sDc,oRP UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION TWAUNA YOAKUM and RHODEAN DEBNAM, Plaintiffs, CV 09-1 114-JE OPINION AND ORDER v. WELLS FARGO BANK, NATIONAL ASSOCIATION, Defendants. REDDEN, Judge: On March 30,2011, Magistrate Judge John Jelderks filed his Findings and Recommendation (doc. 50) that the court deny defendant Wells Fargo Bank, National Association's motion to strike, but grant its motion for summary judgment and enter judgment in Wells Fargo's favor. PAGE 1 - OPINION AND ORDER The matter is now before this court. 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. neb). Neither party timely filed objections. This relieves me of my obligation to review Magistrate Judge Jelderks' factual findings de novo. 28 U.S.C. § 636(b)(1)(C); see also Thomas v. Am, 474 U.S. 140, 149-50 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Having reviewed the legal principles de novo, I find no enol'. Accordingly, I ADOPT Magistrate Judge Jelderks' Findings and Recommendation (doc. 50) as my own opinion. I DENY Wells Fargo's motion to strike (doc. 38), but GRANT its motion for summary jUdgment (doc. 20) and DISMISS this action with prejudice. IT IS SO ORDERED. DATED this ~ day of April, 2011. /' James A. Redden United States District Judge PAGE 2 - OPINION AND ORDER

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