Opinion
No. 3:15-cv-02075-PK
06-27-2016
TONY SCHWARTZ, Plaintiff, v. CHRISTIANA TRUST and BANK OF AMERICA, N.A., Defendants.
ORDER :
Magistrate Judge Papak issued a Findings and Recommendation [40] on June 2, 2016, in which he recommends that this Court grant Christiana Trust's Request for Judicial Notice and Motion to Dismiss; and Bank of America's Request for Judicial Notice and Motion to Dismiss. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.
CONCLUSION
The Court adopts Magistrate Judge Papak's Findings & Recommendation [40], and therefore, the following motions and requests are granted: Christiana Trust's Request for Judicial Notice [29] and Motion to Dismiss [27]; and Bank of America's Request for Judicial Notice [32] and Motion to Dismiss [31].
IT IS SO ORDERED.
DATED this 27 day of June, 2016.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge