Garcia, et al v. Allstate Insurance

Filing 45

ORDER ADOPTING 44 Findings and Recommendations That Defendant's 39 Anti-SLAPP Motion and Request for Attorney's Fees be DENIED, signed by District Judge Anthony W. Ishii on 2/4/2014. Allstate Shall File an Answer or Other Responsive Pleading Within 21 Days. (Marrujo, C)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 EFRAIN GARCIA, et al. Plaintiffs, 11 12 13 v. ALLSTATE INSURANCE, Case No. 1:12-cv-00609-AWI-SKO ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT DEFENDANT'S ANTI-SLAPP MOTION AND REQUEST FOR ATTORNEY'S FEES BE DENIED Defendant. 14 (Docket No. 44) 15 16 17 _____________________________________/ On January 6, 2014, the Magistrate Judge issued Findings and Recommendations that 18 Defendant Allstate Insurance's ("Allstate") Anti-SLAPP Motion and Request for Attorney's Fees 19 be denied. (Doc. 44.) These Findings and Recommendations were served on all parties appearing 20 in the action and contained notice that any objections were to be filed within twenty-one (21) days 21 after service of the order. No objections were filed. 22 In accordance with the provisions of 28 U.S.C. ยง 636 (b)(1)(C), this Court has conducted a 23 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 24 Magistrate Judge's Findings and Recommendations are supported by the record and proper 25 analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Allstate's anti-SLAPP motion is DENIED; 28 2. Allstate's request for an award of attorney's fees is DENIED; and 1 2 3 3. Allstate shall file an answer or other responsive pleading within twenty-one (21) days of the date of this order. The Clerk's Office is DIRECTED to serve Plaintiffs Efrain Garcia and Ofelia Garcia with a 4 copy of this order via U.S. mail at the following address: 5 6 Efrain Garcia and Ofelia Garcia 1095 Adams Avenue Orange Cove, CA 93646 7 8 IT IS SO ORDERED. 9 Dated: February 4, 2014 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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