Hubbard v. Gardner et al

Filing 54

ORDER: Adopting the Magistrate's Findings and Recommendation 44 . Defendant Farmers Insurance Company's Motion to Dismiss 29 is Granted. Plaintiff's claim against Defendant is Dismissed without prejudice. Signed on 9/13/17 by Judge Marco A. Hernandez. (gm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON ROBERT G. HUBBARD, JR., No 3:17-cv-00450-PK Plaintiffs, ORDER v. ALVIN GARDNER; UNKNOWN PARTIES, named as John and Jane Does 1-10; and FARMERS INSURANCE COMPANY; Defendants. HERNÁNDEZ, District Judge: Magistrate Judge Papak issued a Findings and Recommendation [44] on July 25, 2017, in which he recommends that this Court grant Defendant Farmers Insurance Company’s Motion to Dismiss [29]. The matter is now before the 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, the Court is relieved of its obligation to review the record de novo. United States v. 1 - ORDER Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, the Court finds no error. CONCLUSION The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [44]. Accordingly, Defendant Farmers Insurance Company’s Motion to Dismiss [29] is granted. Plaintiff’s claim against Defendant is dismissed without prejudice. IT IS SO ORDERED. DATED this ________________ day of _________________________________ , 2017. ____________________________________________________ MARCO A. HERNÁNDEZ United States District Judge 2 - ORDER

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