Zelhofer v. Metropolitan Life Insurance Company et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 8/1/2017 ADOPTING IN FULL 59 Findings and Recommendations; GRANTING 52 Motion to Dismiss as to the plaintiff's breach of fiduciary claim only. (Michel, G.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WALTER ZELHOFER,
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No. 2:16-cv-00773-TLN-AC
Plaintiff,
v.
ORDER
METROPOLITAN LIFE INSURANCE
COMPANY, et al.,
Defendants.
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Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a
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United States Magistrate Judge pursuant to Local Rule 302(c)(21).
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On March 29, 2017, the magistrate judge filed findings and recommendations herein,
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which were served on all parties and which 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. (ECF No. 59.)
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Plaintiff was granted a 30 day extension of time to file objections. (ECF No. 61.) Neither party
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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. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed March 29, 2017, are adopted in full; and
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2. Defendants’ Motion to Dismiss (ECF No. 52) is granted as to Plaintiff’s breach of
fiduciary duty claim only, and otherwise is denied.
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Dated: August 1, 2017
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Troy L. Nunley
United States District Judge
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