1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID AVILA, et al., No. 2:24-cv-02264-TLN-CSK 12 Plaintiffs, 13 v. ORDER 14 NEWREZ, LLC D/B/A SHELLPOINT MORTGAGE SERVICING, et al., 15 Defendants. 16 17 Plaintiffs David Avila and John Hayne (collectively, “Plaintiffs”) filed the above-entitled 18 action. The matter was referred to a United States Magistrate Judge pursuant to

636(b)(1)(B) and Local Rule 302. 20 On December 9, 2024, the magistrate judge filed findings and recommendations, which 21 were served on the parties and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen (14) days. (ECF No. 36.) On December 23, 23 2024, Plaintiffs filed objections to the findings and recommendations, which have been 24 considered by the Court. (ECF No. 37.) 25 This Court reviews de novo those portions of the proposed findings of fact to which an 26 objection has been made.

(b)(1); McDonnell Douglas Corp. v. Commodore 27 Business Machines,

(9th Cir. 1981); see also Dawson v. Marshall,

930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection 1 | has been made, the Court assumes its correctness and decides the matter on the applicable law. 2 || See Orand v. United States,

(9th Cir. 1979). The magistrate judge’s 3 | conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,

(9th Cir. 1983). 5 The Court has reviewed the applicable legal standards and, good cause appearing, 6 | concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 7 | IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations (ECF No. 36) are ADOPTED IN FULL; 9 2. Defendants’ Motion to Dismiss (ECF No. 17) is GRANTED; 10 3. Plaintiffs’ Complaint (ECF No. 1) is DISMISSED without leave to amend; and 11 4. The Clerk of the Court is directed to CLOSE this case. 12 B Date: April 4, 2025 14 Lal Uy 16 TROY L. NUNLEY 17 CHIEF UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28