Bromfield v. Toyota Motor Sales Company, No. 3:2018cv00681 - Document 32 (D. Or. 2019)

Court Description: OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 30 . Defendant's Motion to Dismiss 23 is Granted. Plaintiff's claim under the Federal Trade Commission Act is Dismissed with prejudice. Plaintif f is permitted leave to file an amended complaint on his breach of contract claim within fourteen (14) days. Plaintiff is advised that failure to file an amended complaint within the allotted time will result in the entry of a judgment of dismissal. Signed on 5/29/19 by Judge Michael W. Mosman. (Mailed to Pro Se party on 5/30/19.) (gm)

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Bromfield v. Toyota Motor Sales Company Doc. 32 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION DAMION BROMFIELD, No. 3:18-cv-00681-JR Plaintiff, OPINION AND ORDER v. TOYOTA MOTOR SALES COMPANY, Defendant. MOSMAN,J., On March 20, 2019, Magistrate Judge Jolie A. Russo issued her Findings and Recommendation (F&R) [30], recommending that I GRANT Defendant's Motion to Dismiss [23]. Neither patty objected. DISCUSSION The magistrate judge makes only recommendations to the court, to which any patty may file written objections. The comt 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)(l)(C). However, the court is not required to review, de novo or under any other standard, the factual or legal 1 - OPINION AND ORDER Dockets.Justia.com 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)(l)(C). CONCLUSION Upon review, I agree with Judge Russo's recommendation and I ADOPT the F&R [30] in full. Defendant's Motion to Dismiss [23] is GRANTED. Plaintiff's claim under the Federal Trade Commission Act is dismissed with prejudice. Plaintiff is permitted leave to file an amended complaint on his breach of contract claim within fourteen (14) days. Plaintiff is advised that failure to file an amended complaint within the allotted time will result in the entry of a judgment of dismissal. IT IS SO ORDERED. DATED this '21_ day of May, 2019. 2 - OPINION AND ORDER

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