Vanderheyden v. State Farm Mutual Automobile Insurance Company

Filing 76

ORDER. The June 8, 2022 Recommendation of United States Magistrate Judge Hegarty (Doc. # 71 ) is AFFIRMED and ADOPTED as an Order of this Court. Plaintiff's Motion for Leave to Amend Complaint to Add Claim for Exemplary Damages (Doc. # 62 ) is DENIED. ORDERED by Judge Christine M. Arguello on 8/1/2022.(angar, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 20-cv-03182-CMA-MEH
ARIN VANDERHEYDEN,
Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Defendant.
ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Michael E. Hegarty. (Doc. # 71). Judge Hegarty recommends denying
Plaintiff’s Motion for Leave to Amend Complaint to Add Claim for Exemplary Damages
(Doc. # 62). For the following reasons, the Court affirms and adopts Judge Hegarty’s
Recommendation as an order of the Court.
The Recommendation advised the parties that specific written objections were
due within fourteen days after being served with a copy of the Recommendation. (Doc.
# 71, p. 3, n. 1). Neither party filed a timely objection. “[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) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating

that “[i]t does not appear that Congress intended to require district court review of a
magistrate’s factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings.”)).
After reviewing Judge Hegarty’s Recommendation, the relevant portions of the
record, and the applicable 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, the Court ORDERS that the June 8, 2022 Recommendation
of United States Magistrate Judge Hegarty (Doc. # 71) is AFFIRMED and ADOPTED as
an Order of this Court. It is
FURTHER ORDERED that Plaintiff’s Motion for Leave to Amend Complaint to
Add Claim for Exemplary Damages (Doc. # 62) is DENIED.
DATED: August 1, 2022
BY THE COURT:
_____________________________
CHRISTINE M. ARGUELLO
Senior United States District Judge

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