Opinion
Civ. No. 10-3042-CL.
April 25, 2011
ORDER
On February 9, 2011, Magistrate Judge Mark D. Clarke filed a Report and Recommendation (#58), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Plaintiff and defendant Regional Trustee Services Corporation filed objections, and responses were filed to the objections. Therefore, I have reviewed the file of this case de novo. 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). On April 19, 2011, I presided over oral arguments regarding the objections.
With one addition, Magistrate Judge Clarke's Report and Recommendation (#58) is adopted. At the beginning of the first full paragraph on page 11 (just prior to "Since neither OneWest' nor Regional . . ."), I include the following:
At this stage in the proceedings, I conclude OneWest is. a "debt collector" under the FDCPA. I assume, without deciding, that Regional is also a "debt collector" under the FDCPA."
This matter is referred to Magistrate Judge Clarke for further proceedings.
IT IS SO ORDERED.