Brashear v. Nationwide Mutual Insurance Company

Filing 25

ORDER that 15 Report and Recommendation is Adopted and Accepted. Defendant's Objection to Jury Demand 10 is SUSTAINED. IT IS FURTHER ORDERED that 13 Plaintiff's Motion to Strike is DENIED. Signed by Judge Larry R. Hicks on 2/23/13. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 ***** 9 10 11 12 13 14 DONALD BRASHEAR, ) ) Plaintiff, ) ) v. ) ) NATIONAL MUTUAL INSURANCE ) COMPANY, ) ) Defendant. ) _____________________________________ ) 2:12-cv-01691-LRH-CWH ORDER 15 16 Before this Court is the Report and Recommendation of U.S. Magistrate Judge C.W. Hoffman, 17 Jr. (#151) entered on December 14, 2012, recommending sustaining Defendant’s objection to the late 18 filed jury demand (#10), filed on November 6, 2012, and denying Plaintiff’s Motion to Strike (#13) 19 filed on November 14, 2012. No objection to the Report and Recommendation has been filed. The 20 action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B 1-4 21 of the Rules of Practice of the United States District Court for the District of Nevada. 22 The Court has conducted its de novo review in this case, has fully considered the pleadings and 23 memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B) 24 and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation 25 26 1 Refers to court’s docket number. 1 (#15) entered on December 14, 2012, should be adopted and accepted. 2 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#15) 3 entered on December 14, 2012, is adopted and accepted, and Defendant’s Objection to Jury Demand 4 (#10) is SUSTAINED. 5 IT IS FURTHER ORDERED that Plaintiff’s Motion to Strike (#13) is DENIED. 6 IT IS SO ORDERED. 7 DATED this 23rd day of February, 2013. 8 9 _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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