Laurie v. United of Omaha Life Insurance Company

Filing 67

ORDER: The Court ADOPTS Magistrate Judge You's Findings and Recommendation 60 , and therefore GRANTS Plaintiff's Motion 34 for Summary Judgment and DENIES Defendant's Cross-Motion 36 for Summary Judgment. IT IS SO ORDERED. Signed on 3/13/2017 by Judge Anna J. Brown. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

LYNN C. LAURIE,

3:14-CV-01937-YY
Plaintiff,

ORDER

v.
UNITED OF OMAHA LIFE
INSURANCE COMPANY,
Defendant.

BROWN, Judge.
Magistrate Judge Youlee Yim You issued Findings and
Recommendation (#60) on January 23, 2017, in which she recommends
the Court grant Plaintiff’s Motion (#34) for Summary Judgment and
deny Defendant’s Cross-Motion (#36) for Summary Judgment.
Defendant filed timely Objections to the Findings and
Recommendation.

The matter is now before this Court pursuant to

28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
1 - ORDER

When any party objects to any portion of the Magistrate
Judge's Findings and Recommendation, the district court must make
a de novo determination of that portion of the Magistrate Judge's
report.

28 U.S.C. § 636(b)(1).

See also Dawson v. Marshall, 561

F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328
F.3d 1114, 1121 (9th Cir. 2003)(en banc).
This Court has carefully considered Defendant’s Objections
and concludes they do not provide a basis to modify the Findings
and Recommendation.

The Court also has reviewed the pertinent

portions of the record de novo and does not find any error in the
Magistrate Judge's Findings and Recommendation.

CONCLUSION
The Court ADOPTS Magistrate Judge You’s Findings and
Recommendation (#60) and, therefore, GRANTS Plaintiff’s Motion
(#34) for Summary Judgment and DENIES Defendant’s Cross-Motion
(#36) for Summary Judgment.
IT IS SO ORDERED.
DATED this 13th day of March, 2017.

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

2 - ORDER