United States District Court, D. Oregon, Medford Division
January 9, 2015
LOUIS LILLIS and SHIRLEY LILLIS, Plaintiffs,
NATIONAL CREDIT UNION ADMINISTRATION BOARD, Defendant.
OWEN M. PANNER, District Judge.
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b) (1) (B), Fed.R.Civ.P. 72 (b). When either party objects to any portion of a Magistrate Judge's Report and Recommendation, the district court makes a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b) (1) (C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Here, the parties object to the Report and Recommendation, so I have reviewed this matter de novo. I agree with Magistrate Judge Clarke that Defendant's motion to dismiss for lack of subject matter jurisdiction should be granted, and that Plaintiffs are not entitled to a stay pending exhaustion of administrative remedies.
Magistrate Judge Clarke's Report and Recommendation (#26) is adopted. Defendant's motion to dismiss (#13) is granted and Plaintiffs' request for a stay (#14) is denied. Plaintiffs' motion to settle the record (#30) is granted.
IT IS SO ORDERED.