Chanouzas et al v. U.S. Bank National Association et al
| John Chanouzas and Juliane Chanouzas |
| U.S. Bank National Association and U.S. Bancorp |
| 3:2009cv00469 |
| April 27, 2009 |
| US District Court for the District of Oregon |
| Portland Office |
| Clackamas |
| Paul Papak |
| Plaintiff |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Plaintiff |
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Filing
27
ORDER: Magistrate Judge Paul Papak issued Findings and Recommendation (# 18 ) on July 1, 2009. The matter is now before me pursuant to 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P. 72(b). Plaintiffs' request for oral argument is denie d. None of the parties timely filed objections. This relieves me of my obligation to review Magistrate Judge Papak's factual findings de novo. See 28 U.S.c. § 636(b)(1)(C); Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174-7 5 (9th Cir. 1996). Any possible insufficiency of evidence as to the amount of attorneys fees in controversy has been cured. (# 25 ). Having reviewed the legal principles de novo, I find no error. Accordingly, I adopt the Findings and Recommendation of Magistrate Judge Papak. Signed on November 3rd, 2009 by Judge James A. Redden. (eo)
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Filing
18
Findings & Recommendation: Plaintiffs' Motion for Remand 12 should be granted in part and denied in part. The court should grant plaintiffs' motion to remand the claims against Bancorp and deny plaintiffs' motion to remand th e claims against U.S. Bank. The Court should deny plaintiffs' request for attorney fees. Bancorp's Motion for Summary Judgment 6 should be denied as moot in light of the court's lack of subject matter jurisdiction. Objections to the Findings and Recommendation are due by 7/15/2009. Response to Objections to the Findings and Recommendation are due by 7/29/2009. Signed on 7/1/09 by Magistrate Judge Paul Papak. (gm)
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