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)

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
[phone]
Attorney for Plaintiff
ADAM E. JONES
Selman Breitman LLP
111 S.W. 5th Ave., Suite 3150
Portland, OR 97204
[phone]
Attorneys for Defendant
BROWN, Judge.
Magistrate Judge John Jelderks issued Findings and
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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

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ORDER