Diamond v. Mediterranean Shipping Company, et al,

Filing 119

ORDER ADOPTING 118 FINDINGS AND RECOMMENDATIONS signed by Judge Morrison C. England, Jr. on 07/20/2011 DENYING 62 Motion for Summary Judgment; DENYING 80 Amended Motion for Summary Judgment; GRANTING 104 Motion to Dismiss for Lack of Jurisdiction; DENYING 113 Motion for Summary Judgment; REMANDING CASE to Sacramento County Superior Court. Copy of remand order sent to other court. CASE CLOSED. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARTHUR DIAMOND,

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Plaintiff,

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v.

ORDER

STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY, et al.,

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Defendants.

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/

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No. 2:09-cv-01110-MCE-DAD-PS

Plaintiff is proceeding pro se with the above-entitled action. The matter was referred to a
United States Magistrate Judge pursuant to Local Rule 302(c)(21).

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On May 11, 2011, the magistrate judge filed findings and recommendations herein which

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were served on defendants electronically on May 11, 2001, and on plaintiff by mail on May 19,

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2011. The findings and recommendations contained notice to all parties that any objections to

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the findings and recommendations were to be filed within twenty-one days after service of the

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findings and recommendations. The twenty-one-day period has expired as to all parties, and no

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party has filed objections to the findings and recommendations.

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The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 11, 2011 (ECF No. 118) are adopted in

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full;
2. Defendant Mediterranean Shipping Company’s January 10, 2011 motion to dismiss
for lack of subject matter jurisdiction (ECF No. 104) is granted;
3. Defendant State Farm Mutual Automobile Insurance Company’s April 29, 2010

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motion for summary judgment (ECF No. 62), as amended in part by defendant’s September 14,

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2010 amended notice of motion for summary judgment (ECF No. 80), is denied as to plaintiff’s

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breach of contract claim and granted in all other respects;

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4. Defendant CSE Insurance Group’s February 28, 2011 motion to dismiss pursuant to

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Rule 12(b)(1) (ECF No. 113) is denied; defendant’s motion in the alternative for partial summary

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judgment is denied as to plaintiff’s claims for breach of contract and breach of the implied

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covenant of good faith and fair dealing but granted in all other respects;

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5. This action, with its remaining state law claims, is remanded to the Sacramento
County Superior Court; and
6. Upon remand, the Clerk of the Court is directed to close this case.

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Dated: July 20, 2011
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MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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