Foremosa et al v. Great Northwest Insurance Company

Filing 49

ORDER: This Court Adopts Judge Coffin's Findings and Recommendation 47 in full. Plaintiff's Motion for Partial Summary Judgment 15 is Denied, and defendant's Motion for Summary Judgment 19 is granted in part and denied in part. Signed on 9/4/2014 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
JOSEPH and VICTORIA FORMOSA,
Plaintiffs,
v.

Civ. No. 6:13-cv-00789-TC
OPINION AND ORDER

GREAT NORTHWEST INSURANCE
COMPANY,
Defendant.
_____________________________
MCSHANE, Judge:
Plaintiffs Joseph and Victoria Formosa bring this action seeking damages for alleged
breach of an insurance policy covering their home. Plaintiffs and defendant filed motions for
summary judgment. Magistrate Judge Thomas M. Coffin issued a Findings and
Recommendation (F & R) on July 21, 2014, in which he recommended that this Court deny
plaintiffs’ motion and award summary judgment to defendant on all claims except for plaintiffs’
replacement structure claim. 1 The matter is now before this Court. 28 U.S.C. § 636(b)(1)(B);
Fed. R. Civ. P. 72(b).
Because no objections to the F & R were timely filed, this Court reviews only the legal
principles de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc);
see also United States v. Bernhardt, 840 F.2d 1441, 1444–45 (9th Cir. 1988) (citations omitted).

1

The parties agree that plaintiffs’ replacement structure claim is not fully ripe. See Findings & Recommendation 4,
ECF No. 47.

1 – OPINION AND ORDER

Having reviewed the legal principles de novo, this Court finds no error in Judge Coffin’s F & R,
ECF No. 47.
CONCLUSION
This Court ADOPTS Judge Coffin’s F & R, ECF No. 47, in full. Accordingly, plaintiffs’
motion for partial summary judgment, ECF No. 15, is DENIED, and defendant’s motion for
summary judgment, ECF No. 19, is GRANTED IN PART and DENIED IN PART. 2

IT IS SO ORDERED.

DATED this 4th day of September, 2014.

_____s/ Michael J. McShane________
Michael J. McShane
United States District Judge

2

Defendant’s motion is denied as to plaintiffs’ replacement structure claim. That claim is not yet ripe and is
dismissed without prejudice.

2 – OPINION AND ORDER