Sell v. American Family Mutual Insurance Company

Filing 37

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 34 Findings and Recommendations, 21 Motion for Partial Summary Judgment filed by American Family Mutual Insurance Company. IT IS HEREBY ORDERED Defendant's Motion for Partial Summary Judgment is GRANTED as to Sell's first-party common law bad faith claim, but DENIED in all other respects. Signed by Judge Richard F. Cebull on 8/31/2010. (ACL, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION ) ) Plaintiff, ) ) vs. ) ) ) AMERICAN FAMILY MUTUAL ) INSURANCE COMPANY, ) ) Defendants. ) ______________________________ ) MARLYS SELL, CV-09-135-BLG-RFC

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE

On August 10, 2010, United States Magistrate Judge Carolyn Ostby entered Findings and Recommendation (Doc. 34) on Defendant's Motion for Partial Summary Judgment (Doc. 21) as to the first-party bad faith claim alleged in Count II of the Complaint. Magistrate Judge Ostby recommends this Court grant the motion only with respect to Sell's first-party common law bad faith claim and deny the motion in all other respects. Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.C. § 636(b)(1). The time for objection has now passed and no objections were filed. Although failure to object to a magistrate judge's findings and recommendation waives all objections to the
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findings of fact, Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1999), this Court is not relieved of its burden to review de novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989). After a de novo review, the Court concludes Magistrate Judge Ostby's Findings and Recommendation (Doc. 34) are well-grounded in law and fact and are adopted in their entirety. Accordingly, IT IS HEREBY ORDERED Defendant's Motion for Partial Summary Judgment (Doc. 21) is GRANTED as to Sell's first-party common law bad faith claim, but DENIED in all other respects. The Clerk of Court shall notify the parties of the entry of this Order. DATED the 31st day of August, 2010. /s/ Richard F. Cebull RICHARD F. CEBULL UNITED STATES DISTRICT JUDGE

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