Continental Casualty Company v. Kidney Real Estate Associates of Arvada, LLC

Filing 37

ORDER Affirming the 35 February 22, 2019 Recommendation of United States Magistrate Judge and Granting Petitioner's 1 Petition to Appoint Umpire. Neil Mekelburg of Pie Consulting & Engineering is appointed umpire for purposes of the parties' dispute over the property appraisal at issue. By Judge Christine M. Arguello on 03/13/2019. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello

Civil Action No. 18-cv-00551-CMA-KLM
CONTINENTIAL CASUALTY COMPANY, an Illinois corporation,
Petitioner,
v.
KIDNEY REAL ESTATE ASSOCIATES OF ARVADA, LLC, a Colorado limited liability,
Respondent.

ORDER AFFIRMING THE FEBRUARY 22, 2019 RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE AND GRANTING PETITONER’S PETITION TO
APPOINT UMPIRE
______________________________________________________________________
This matter is before the Court on the Recommendation by United States
Magistrate Judge Kristen L. Mix (Doc. # 35), wherein she recommends that this Court
grant Petitioner Continental Casualty Company’s Petition to Appoint Umpire (Doc. # 1)
and appoint Neil Mekelburg of Pie Consulting & Engineering as umpire with respect to
the insurance policy appraisal provision applicable to this case. The Recommendation
is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P.
72(b).
The Recommendation advised the parties that specific written objections were
due within fourteen (14) days after being served with a copy of the Recommendation.
(Doc. # 35 at 6–7.) Despite this advisement, no objections to the Recommendation
have been filed. “[T]he district court is accorded considerable discretion with respect to

the treatment of unchallenged magistrate reports. In the absence of timely objection,
the district court may review a magistrate [judge’s] report under any standard it deems
appropriate.” Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991).
After reviewing the Recommendation of Magistrate Judge Mix and all relevant
pleadings and legal authority, the Court is satisfied that the Recommendation is sound
and not clearly erroneous or contrary to law. See Fed. R. Civ. P. 72(a).
Accordingly, it is ORDERED that the February 22, 2019 Recommendation of the
United States Magistrate Judge Mix (Doc. # 35) is AFFIRMED and ADOPTED. It is
FURTHER ORDERED that Petitioner’s Petition to Appoint Umpire (Doc. # 1) is
GRANTED. It is
FURTHER ORDERED that Neil Mekelburg of Pie Consulting & Engineering is
appointed umpire for purposes of the parties’ dispute over the property appraisal at
issue.

DATED: March 13, 2019
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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