Sehat v. Progressive Universal Insurance Company

Filing 181

ORDER: Adopting the Magistrate's Findings & Recommendation 179 : Granting WCSO's Motion to Dismiss 135 for Insufficiency of Process and Dismisses with prejudice Plaintiff's claims against Deputies O'Reilly, Wiley , Mock, and John and Jane Does; Granting WSCO's Motion to Dismiss 135 and Dismisses without prejudice Plaintiff's claims against the remaining Defendants; Denying as Moot WCSO's Motion to Strike 135 ; Striking all othe r pending Motions in this matter with leave to refile after Plaintiff files her Third Amended Complaint; and Granting Plaintiff leave to file a Third Amended Complaint consistent with Magistrate Judge Papak's Findings and Recommendation 179 and this Order no later than 6/30/2016. Signed on 5/16/16 by Judge Anna J. Brown. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

SUBRINA POUPAK SEHAT,
Plaintiff,

3:14-CV-01433-PK
ORDER

v.
PROGRESSIVE UNIVERSAL INSURANCE,
COMPANY OF ILLINOIS, et al.,
Defendants.

BROWN, Judge.
Magistrate Judge Paul Papak issued Findings and
Recommendation (#179) on April 15, 2016, in which he recommends
this Court:
(1)

Grant WCSO’s Motion (#135-3) to Dismiss for
Insufficiency of Process and dismiss with prejudice
Plaintiff’s claims against Deputies O’Reilly, Wiley,
Mock, and John and Jane Does;

(2)

1 - ORDER

Grant Defendant Washington County Sheriff’s

Department’s (WCSO) Motion (#135-1) to Dismiss and
dismiss without prejudice Plaintiff’s claims against
the remaining Defendants;
(3)

Deny as moot WCSO’s Motion (#135-2) to Strike;

(4)

Strike all other pending Motions in this matter as moot
with leave to refile after Plaintiff files her Third
Amended Complaint; and

(5)

Grant Plaintiff leave to file a Third Amended Complaint
no later than 45 days after entry of an Order adopting
the Findings and Recommendation.

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 Papak's Findings and
Recommendation (#179).
(1)

Accordingly, the Court

GRANTS WCSO’s Motion (#135-3) to Dismiss for
Insufficiency of Process DISMISSES with prejudice
Plaintiff’s claims against Deputies O’Reilly, Wiley,

2 - ORDER

Mock, and John and Jane Does;
(2)

GRANTS WSCO’s Motion (#135-1) to Dismiss and DISMISSES
without prejudice Plaintiff’s claims against the
remaining Defendants;

(3)

DENIES as moot WCSO’s Motion (#135-2) to Strike;

(4)

STRIKES all other pending Motions in this matter with
leave to refile after Plaintiff files her Third Amended
Complaint; and

(5)

GRANTS Plaintiff leave to file a Third Amended
Complaint consistent with Magistrate Judge Papak's
Findings and Recommendation (#179) and this Order no
later than June 30, 2016.

IT IS SO ORDERED.
DATED this 16th day of May, 2016.

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

3 - ORDER