Sprayberry v. Portfolio Recovery Associates LLC

District Court, D. Oregon

Sprayberry v. Portfolio Recovery Associates LLC

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

TRISHA SPRAYBERRY, No. 3:17-cv-00111-SB 3:17-cv-00112-SB

Plaintiff, ORDER

v.

PORTFOLIO RECOVERY ASSOCIATES, LLC,

Defendant.

HERNÁNDEZ, District Judge: Magistrate Judge Beckerman issued an Amended Findings and Recommendation on May 7, 2021, in which she recommends that this Court grant Defendant’s Motions for Summary Judgment and deny Plaintiff’s Motions for Partial Summary Judgment. F&R, Case No 3:17-cv- 00111-SB, ECF 107; F&R, Case No. 3:1-cv-00112-SB, ECF 137. The matter is now before the Court pursuant to

28 U.S.C. § 636

(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Plaintiff filed timely objections to the Magistrate Judge’s Findings and Recommendation. Pl. Obj., Case No 3:17-cv-00111-SB, ECF 123; Pl. Obj., Case No. 3:17-cv-00112-SB, ECF 144. When any party objects to any portion of the Magistrate Judge’s Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s report.

28 U.S.C. § 636

(b)(1); Dawson v. Marshall,

561 F.3d 930, 932

(9th Cir. 2009); United

States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003) (en banc). The Court has carefully considered Plaintiff’s objections and concludes that there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Beckerman’s Amended Findings and Recommendation in Case No. 3:17-cv-00111-SB [107] and Case No. 3:17-cv-00112-SB [137]. Therefore, Defendant’s Motions for Summary Judgment in Case No. 3:17-cv-00111-SB [71] and

Case No. 3:17-cv-00112-SB [103] are GRANTED and Plaintiff’s Motions for Partial Summary Judgment in Case No. 3:17-cv-00111-SB [65] and Case No. 3:17-cv-00112-SB [99] are DENIED. IT IS SO ORDERED.

DATED: _______________________. November 2, 2021

___________________________ MARCO A. HERNÁNDEZ United States District Judge

Reference

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