Jewett et al v. Scottsdale Insurance Company et al
Filing
23
OPINION AND ORDER. Upon review, I agree with Judge You's recommendation and I ADOPT the F&R 21 in full. Plaintiffs' Motion to Remand 9 is GRANTED and this case is remanded to Multnomah County Circuit Court. Plaintiffs' req uest for reasonable attorney fees should be GRANTED, subject to this court's review of Plaintiffs' fee petition and any objections filed by Defendants. Plaintiffs are ordered to file a fee petition within two weeks of final ruling on this motion. Signed on 8/8/2018 by Judge Michael W. Mosman. (pvh)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
SHARON M. JEWETT, in her capacity as
trustee of Michael R. Jewett Revocable
Living Trust; MICHAEL R. JEWETT, in
his capacity as trustee of Michael R. Jewett
Revocable Living Trust; MICHAEL R.
JEWETT; and SHARON M. JEWETT,
No. 3:18-cv-00770-YY
OPINION AND ORDER
Plaintiffs,
v.
SCOTTSDALE INSURANCE
COMPANY and ALLIED INSURANCE
COMPANY OF AMERICA,
Defendants.
MOSMAN,J.,
On July 16, 2018, Magistrate Judge Youlee Yim You issued her Findings and
Recommendation (F&R) [21], recommending Plaintiffs' Motion to Remand [9] should be
GRANTED and this case should be remanded to Multnomah County Circuit Court, and that
Plaintiffs' request for reasonable attorney fees should be GRANTED, subject to this court's
review of Plaintiffs' fee petition and any objections filed by Defendants. No objections were
filed.
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court is not bound by the recommendations of the magistrate judge,
1 - OPINION AND ORDER
but retains responsibility for making the final determination. The court is generally required to
make a de novo determination regarding those portions of the report or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the court
is not required to review, de novo or under any other standard, the factual or legal conclusions of
the magistrate judge as to those portions of the F&R to which no objections are addressed. See
Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003). While the level of scrutiny under which I am required to review the F &R
depends on whether or not objections have been filed, in either case, I am free to accept, reject,
or modify any part of the F&R. 28 U.S.C. § 636(b)(l)(C).
Upon review, I agree with Judge You's recommendation and I ADOPT the F&R [21] in
full. Plaintiffs' Motion to Remand [9] is GRANTED and this case is remanded to Multnomah
County Circuit Court. Plaintiffs' request for reasonable attorney fees should be GRANTED,
subject to this court's review of Plaintiffs' fee petition and any objections filed by Defendants.
Plaintiffs are ordered to file a fee petition within two weeks of final ruling on this motion.
IT IS SO ORDERED.
DATED this
of August, 2018.
Chief United States District Judge
2 - OPINION AND ORDER
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