CHMM, LLC v. Freeman Marine Equipment, Inc.

Filing 72

ORDER: The Court ADOPTS Magistrate Judge Stewarts Findings and Recommendation 70 . Accordingly, the Court GRANTS in part and DENIES in part Defendants Motion 65 for Summary Judgment and, pursuant to Federal Rule of Civil Procedure 17(a)(3), GRANTS ACE leave to ratify or to join this action as a named plaintiff. Signed on 11/20/2014 by Judge Anna J. Brown. See attached 2 page Order for full text. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

CHMM, LLC,

3:12-cv-01484-ST
Plaintiff,

ORDER

v.
FREEMAN MARINE EQUIPMENT, INC.,
Defendant.

BROWN, Judge.
Magistrate Judge Janice M. Stewart issued Findings and
Recommendation (#70) on October 30, 2014, in which she recommends
this Court:

1) grant in part Defendant Freeman Marine

Equipment’s Motion (#65) for Summary Judgment as to CHMM’s lack
of standing to recover damages for personal effects, clothing,
and paintings not owned by Plaintiff CHMM; 2) deny in part
Freeman’s Motion for Summary Judgment as to damages for repair of
Crew Cabin 8; and 3) grant CHMM’s underwriter, American Insurance
Company (ACE), leave to ratify or to join this action as a named
1 - ORDER

plaintiff pursuant to Federal Rule of Civil Procedure 17(a)(3).
This matter is now before this Court pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge’s Findings and
Recommendation were timely filed, this Court is relieved of its
obligation to review the record de novo.
561 F.3d 930, 932 (9th Cir. 2009).

See Dawson v. Marshall,

See also United States v.

Reyna–Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
Having reviewed the legal principles de novo, the Court does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Stewart’s Findings and
Recommendation (#70).

Accordingly, the Court GRANTS in part and

DENIES in part Defendant’s Motion (#65) for Summary Judgment and,
pursuant to Federal Rule of Civil Procedure 17(a)(3), GRANTS ACE
leave to ratify or to join this action as a named plaintiff.
IT IS SO ORDERED.
DATED this 20th day of November, 2014.

/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

2 - ORDER