(PS) Diamond v. Mediterranean Shipping Company, et al,, No. 2:2009cv01110 - Document 78 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr. on 8/26/2010 ORDERING 75 that the amended Findings and Recommendations are ADOPTED in FULL; Plaintiff's 18 Motion for Remand is DENIED; and Defendant 14 State Farm Mutual Automobile Ins. Company's Motion to Dismiss the professional negligence cause of action of pltf's complaint is GRANTED. (Reader, L)
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(PS) Diamond v. Mediterranean Shipping Company, et al, Doc. 78 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARTHUR DIAMOND, 12 Plaintiff, 13 14 15 vs. ORDER STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., 16 Defendants. 17 / 18 19 No. 2:09-cv-01110-MCE-DAD PS Plaintiff is proceeding pro se with the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). 20 On July 26, 2010, the magistrate judge filed amended findings and recommendations 21 herein which were served on all parties and which contained notice that any objections to the 22 amended findings and recommendations were to be filed within fourteen days after service of the 23 amended findings and recommendations. Plaintiff filed timely objections, and defendant MSC 24 Mediterranean Shipping Company S.A. Geneva filed a timely reply. 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The amended findings and recommendations filed July 26, 2010 (Doc. No. 75) are 7 adopted in full; 8 2. Plaintiff’s May 15, 2009 motion for remand (Doc. No. 18) is denied; and 9 3. Defendant State Farm Mutual Automobile Insurance Company’s May 7, 2009 motion 10 to dismiss the professional negligence cause of action of plaintiff’s complaint (Doc. No. 14) is 11 granted. 12 Dated: August 26, 2010 13 14 15 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 2