Maryland Casualty Company v. Angelo's Pizza and Gyros LLC et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED that the Report and Recommendation 45 is accepted and adopted. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment 33 is granted. Signed by Judge Rosemary Marquez on 1/4/2016. (See order for details) (DPS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Maryland Casualty Company,

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Plaintiff,

No. CV-14-02308-TUC-RM (BGM)
ORDER

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v.

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Angelo's Pizza and Gyros LLC, et al.,

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Defendants.

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Pending before the Court is Plaintiff Maryland Casualty Company’s Motion for

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Summary Judgment (Doc. 33).

On October 2, 2015, Magistrate Judge Bruce G.

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Macdonald issued a Report and Recommendation (Doc. 45) recommending that this

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Court grant Plaintiff’s Motion for Summary Judgment. No objections to the Report and

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Recommendation were filed.

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A district judge must “make a de novo determination of those portions” of a

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magistrate judge’s “report or specified proposed findings or recommendations to which

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objection is made.” 28 U.S.C. § 636(b)(1)(C). The advisory committee notes to Rule

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72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is

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filed, the court need only satisfy itself that there is no clear error on the face of the record

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in order to accept the recommendation” of a magistrate judge. See also Prior v. Ryan,

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2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for clear error unobjected-

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to portions of Report and Recommendation); Johnson v. Zema Sys. Corp., 170 F.3d 734,

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739 (7th Cir. 1999) (“If no objection or only partial objection is made, the district court

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judge reviews those unobjected portions for clear error.”).

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The Court has reviewed Judge Macdonald’s Report and Recommendation, the

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parties’ briefs, and the record. The Court finds no error in Judge Macdonald’s Report

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and Recommendation. Accordingly,

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IT IS ORDERED that the Report and Recommendation (Doc. 45) is accepted
and adopted.

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IT IS FURTHER ORDERED that Plaintiff’s Motion for Summary Judgment

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(Doc. 33) is granted. The insurance policy at issue does not provide coverage for the

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claims made in the underlying lawsuit, Pima County Superior Court case number C-

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2013-3966, and Plaintiff Maryland Casualty Company is not obligated to defend or

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indemnify Defendants Angelo’s Pizza and Gyros, LLC; Christian Scott Burton; Danny

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Walsh; and Danny Walsh Enterprises, LLC in relation to that underlying lawsuit.

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Dated this 4th day of January, 2016.

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Honorable Rosemary Márquez
United States District Judge

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