Quatama Park Townhomes Owners Ass'n v. RBC Real Estate Fin., Inc.

365 F. Supp. 3d 1129
CourtDistrict Court, D. Oregon
DecidedMarch 18, 2019
DocketCase No. 3:18-cv-00023-SB
StatusPublished
Cited by14 cases

This text of 365 F. Supp. 3d 1129 (Quatama Park Townhomes Owners Ass'n v. RBC Real Estate Fin., Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quatama Park Townhomes Owners Ass'n v. RBC Real Estate Fin., Inc., 365 F. Supp. 3d 1129 (D. Or. 2019).

Opinion

Michael H. Simon, District Judge.

Plaintiff Quatama Park Townhomes Owners Association ("Association") brings *1132this lawsuit (Quatama II ) against six defendants. Four defendants, Scott McFerran ("McFerran"), Laura Wilson ("Wilson"), Daron Anderson ("Anderson"), and Decatur Advisors LLC ("Decatur") (collectively, the "Moving Defendants"), move to disqualify the law firm of Vial Fotheringham LLP ("VF") from continuing to represent the Association in this action. In an Opinion and Order, United States Magistrate Judge Stacie F. Beckerman granted the motion to disqualify the Association's counsel, and the Association timely objected. After reviewing the record and hearing oral argument, the Court finds the Opinion and Order is contrary to law and denies the motion to disqualify.

STANDARD OF REVIEW

The Federal Magistrates Act grants district courts the authority to delegate certain matters to magistrate judges. See 28 U.S.C. § 636(b)(1). In civil actions, a district court may designate a magistrate judge to determine any pretrial matter, except motions for injunctive relief, for judgment on the pleadings, for summary judgment, to permit or deny maintenance of a class action, to dismiss for failure to state a claim, and to involuntarily dismiss an action. 28 U.S.C. § 636(b)(1)(A). For any of these excluded motions, a district judge may designate a magistrate judge to conduct hearings and submit proposed findings of fact and recommendations for disposition. 28 U.S.C. § 636(b)(1)(B).

Rule 72 of the Federal Rules of Civil procedure implements the authority provided by the Federal Magistrates Act. Under Rule 72(a), a magistrate judge may "hear and decide" all referred pretrial matters that are "not dispositive of a party's claim or defense." Fed. R. Civ. P. 72(a). For pretrial matters referred to a magistrate judge that are dispositive of a claim or defense, in the absence of consent by all parties, Rule 72(b) allows the magistrate judge only to "enter a recommended disposition, including, if appropriate, proposed findings of fact." Fed. R. Civ. P. 72(b)(1).

The terms "dispositive" and "nondispositive" in Rule 72 do not perfectly coincide with the categories listed in 28 U.S.C. § 636(b)(1). For example, a magistrate judge may not issue a temporary restraining order or preliminary injunction, even though such orders are not dispositive. The Ninth Circuit has held that the motions excluded from determination by a magistrate judge under § 636(b)(1)(A)"are not an exhaustive list of all the pretrial matters that are excepted from the magistrate judge's authority." United States v. Rivera-Guerrero , 377 F.3d 1064, 1067 (9th Cir. 2004). As explained by the Ninth Circuit, "magistrate judges may hear and determine nondispositive matters, but not dispositive matters[.]" Mitchell v. Valenzuela , 791 F.3d 1166, 1168 (9th Cir. 2015). Dispositive matters include those expressly listed in § 636(b)(1)(A), as well as "analogous" matters. Id. "To determine whether a motion is dispositive, [the Ninth Circuit has] adopted a functional approach that looks to the effect of the motion, in order to determine whether it is properly characterized as dispositive or nondispositive of a claim or defense of a party." Id. at 1168-69.

The distinction between a dispositive motion and a nondispositive matter is significant for the standard of review. When a party timely objects to a magistrate judge's findings and recommendations concerning a dispositive motion, the district judge shall make a de novo determination of those portions of the magistrate judge's proposed findings and recommendations to which an objection has been made. 28 U.S.C. § 636(b)(1)(C) ; Fed. R. Civ. P. 72(b)(3). When a party timely objects to a magistrate judge's determination of a nondispositive matter, however, the district *1133judge may reject that determination only when it has been shown that the magistrate judge's order is either clearly erroneous or contrary to law. 28 U.S.C. § 636(b)(1)(A) ; Fed. R. Civ. P. 72(a).

"To the extent a district judge is concerned about the possibility that assigning a nondispositive matter to a magistrate judge will confine his or her power to revise the outcome, a reference directing the magistrate judge to make recommendations is possible." 12 Charles Alan Wright and Arthur R. Miller, et al. , Federal Practice and Procedure: Civil § 3069 (3d ed. 2018) ("Wright & Miller "). As explained by one district court,

That certain case dispositive matters must always be referred for recommendations rather than determination does not mandate the converse, i.e. , that nondispositive matters must always be referred for determination rather than recommendations. It is evident from the [Federal Magistrates] Act's legislative history that the purpose of the Act's referral and review provisions is to define the limits of the powers which a court may allow a magistrate to exercise, not to restrict the ultimate authority of an Article III court over a case pending before it.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
365 F. Supp. 3d 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quatama-park-townhomes-owners-assn-v-rbc-real-estate-fin-inc-ord-2019.