Nikolaychuk v. National Casualty Company

Filing 17

ORDER: The Court ADOPTS Magistrate Judge Jelderks's Findings and Recommendation (# 15 ). Accordingly, the Court DENIES Defendant's Motion (# 5 ) to Dismiss and DENIES Plaintiff's Motion (# 13 ) to Strike as moot. Signed on 10/30/2017 by Judge Anna J. Brown. (jtj)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON YELENA NIKOLAYCHUK, Personal Representative of the Estate of Igor Nikolaychuk, Plaintiff, 3:17-cv-00921-JE ORDER v. NATIONAL CASUALTY COMPANY, Defendant. IVAN S. ZACKHEIM 1750 S.W. Skyline Blvd, Suite 220 Portland, OR 97221 (503) 222-1162 Attorney for Plaintiff ADAM E. JONES Selman Breitman LLP 111 S.W. 5th Ave., Suite 3150 Portland, OR 97204 (503) 444-3530 Attorneys for Defendant BROWN, Judge. Magistrate Judge John Jelderks issued Findings and 1 - ORDER Recommendation (#15) on September 21, 2017, in which he recommends this Court deny Defendant’s Motion (#5) to Dismiss and deny Plaintiff’s Motion (#13) to Strike as moot. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 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 finds no error. CONCLUSION The Court ADOPTS Magistrate Judge Jelderks’s Findings and Recommendation (#15). Accordingly, the Court DENIES Defendant’s Motion (#5) to Dismiss and DENIES Plaintiff’s Motion (#13) to Strike as moot. IT IS SO ORDERED. DATED this 30th day of October, 2017. /s/ Anna J. Brown ANNA J. BROWN United States Senior District Judge 2 - ORDER

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