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Brown v. Byrv, Inc.

United States District Court, D. Oregon

July 24, 2015

JUDITH BROWN, Plaintiff,
v.
BYRV, INC.; TIFFIN MOTOR HOMES, INC.; and SENTRY SELECT INSURANCE COMPANY, Defendants.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge John V. Acosta issued Findings and Recommendation (#44) on May 27, 2015, in which he recommends the Court grant BYRV's Motion (#13) to Dismiss or, in the Alternative, to Stay Action in Favor of Mandatory Arbitration; Tiffin Motor Homes' Motion (#16) to Compel Arbitration; and Sentry Select's Motion (#20) to Dismiss or, in the alternative, to stay the action pending the outcome of mandatory arbitration. Accordingly, the Magistrate Judge recommends the Court stay this action pending resolution of a joint arbitration proceeding to be held in Oregon.

Plaintiff filed timely Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings and 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). See also 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 ).

Plaintiff objects to that portion of the Findings and Recommendation in which the Magistrate Judge concludes (1) the Magnuson Moss Warranty Act does not preclude binding arbitration, (2) the issue as to whether BYRV's "punch list" constituted a warranty is not properly before this Court and should be considered by an arbitrator, and (3) Plaintiff consented to binding arbitration with Tiffin Motor Homes.

This Court has carefully considered Defendant's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#44) and, accordingly, GRANTS Defendants' Motions as follows:

1. The Court GRANTS BYRV's Motion (#13) to Dismiss or, in the Alternative, to Stay Action in Favor of Mandatory Arbitration as to BYRV's alternative Motion to stay this action;

2. The Court GRANTS Tiffin Motor Homes' Motion (#16) to Compel Arbitration, but DENIES as moot Tiffin's alternative Motion to Dismiss for Improper Venue; and

3. The Court GRANTS Sentry Select's Motion (#20) to Dismiss as to Sentry Select's alternative Motion to stay this action.

Accordingly, the Court STAYS this action pending resolution of the joint arbitration proceeding to be conducted in Oregon.

IT IS SO ORDERED.


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