Marchinek v. Safeco Insurance Company of America

Filing 33

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that the proposed 32 FINDINGS AND RECOMMENDATIONS entered by United States Magistrate Judge Cavan are ADOPTED IN FULL. IT IS FURTHER ORDERED that Safeco's motion for summary judgm ent 19 is granted with respect to count 1 of the complaint (Doc. 15). Count 1 is dismissed without prejudice. IT IS FURTHER ORDERED that Safeco's motion for summary judgment 19 is denied with respect to count 2 of the complaint (Doc. 15). IT IS FURTHER ORDERED that the case is stayed pending resolution of the appraisal process. Signed by Judge Susan P. Watters on 2/16/2018. (EMH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
FEB 1 6 2018
Clerk, U S District Court
Districi Ot Montana
Biiiings

MARILYN MARCHINEK,
CV 17-70-BLG-SPW
Plaintiff,

ORDER ADOPTING
MAGISTRATE'S FINDINGS
AND RECOMMENDATIONS

vs.
SAFECO INSURANCE COMPANY
OF AMERICA,
Defendant.

Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendations filed on January 26, 2018. (Doc. 32). Judge
Cavan recommends that this Court grant in part and deny in part Safeco' s motion
for summary judgment. (Doc. 19).
Pursuant to 28 U.S.C. § 636(b)(l), the parties were required to file written
objections within 14 days of the filing of Judge Cavan's Findings and
Recommendations. No objections were filed. When neither party objects, this
Court reviews Judge Cavan's Findings and Recommendations for clear error.

McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981 ). Clear error exists if the Court is left with a "definite and firm
conviction that a mistake has been committed." United States v. Syrax, 235 F.3d

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422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this
Court does not find that Judge Cavan committed clear error.
IT IS ORDERED that the proposed Findings and Recommendations entered
by United States Magistrate Judge Cavan (Doc. 32) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Safeco's motion for summary judgment
(Doc. 19) is granted with respect to count 1 of the complaint (Doc. 15). Count 1 is
dismissed without prejudice.
IT IS FURTHER ORDERED that Safeco's motion for summary judgment
(Doc. 19) is denied with respect to count 2 of the complaint (Doc. 15).
IT IS FUTHER ORDERED that the case is stayed pending resolution of the
appraisal process.
~
DATED this /~ day of February, 2018.

~r7-J~
SUSANP. WATTERS
United States District Judge

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