Mid-Valley Oral, Maxillofacial & Implant Surgery, P.C. v. Sentinel Insurance Company, Ltd. et al

Filing 13

ORDER: Adopting Findings and Recommendation 9 . Denying Motion to Remand 5 . Signed on 9/27/2018 by Judge Ann L. Aiken. (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION

MID-VALLEY ORAL, MAXILLOFACIAL
& IMPLANT SURGERY, P.C., an Oregon
domestic professional corporation,

Case No. 6:18-cv-01068-MK

ORDER

Plaintiff,
vs.
SENTINEL INSURANCE COMPANY,
LTD, aka SENTINEL INSURANCE
COMPANY, LIMITED, a foreign corporation;
THE HARTFORD FINANCIAL SERVICES
GROUP, INC., a foreign corporation, aka
THE HARTFORD; and HARTFORD FIRE
INSURANCE COMPANY, a foreign
corporation,
Defendants.

AIKEN, Judge:
Magistrate Judge Russo filed her Findings and Recommendation ("F&R") (doc. 9) on
August 27, 2018. The matter is now before me. See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72.
There are no objections to the F&R. Although this relieves me of my obligation to perform a de

nova review, I retain the obligation to "make an informed, final determination." Britt v. Simi
Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983), overruled on other grounds, United
Page 1 -ORDER

States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en bane). The Magistrates Act
does not specify a standard of review in cases where no objections are filed. Ray v. Astrue, 2012
WL 1598239, *1 (D. Or. May 7, 2012). Following the recommendation of the Rules Advisory
Committee, I review the F&R for "clear error on the face of the record[.]" Fed. R. Civ. P. 72
advisory committee's note (1983) (citing Campbell v. United States District Court, 501 F.2d
196, 206 (9th Cir. 1974)); see also United States v. Vann, 535 U.S. 55, 64 n.6 (2002) (stating
that, "[i]n the absence of a clear legislative mandate, the Advisory Committee Notes provide a
reliable source of insight into the meaning of' a federal rule). Having reviewed the file of this
case, I find no clear error.
THEREFORE, IT IS HEREBY ORDERED that I adopt Judge Russo's F&R (doc. 9).
Dated

thi~i:.':ofSeptember 2018.
Ann Aiken
United States District Judge

Page 2 -ORDER