(PS) Zelhofer v. Metropolitan Life Insurance Company et al, No. 2:2016cv00773 - Document 62 (E.D. Cal. 2017)
Court Description: ORDER signed by District Judge Troy L. Nunley on 8/1/2017 ADOPTING IN FULL 59 Findings and Recommendations; GRANTING 52 Motion to Dismiss as to the plaintiff's breach of fiduciary claim only. (Michel, G.)
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(PS) Zelhofer v. Metropolitan Life Insurance Company et al Doc. 62 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WALTER ZELHOFER, 12 13 14 15 No. 2:16-cv-00773-TLN-AC Plaintiff, v. ORDER METROPOLITAN LIFE INSURANCE COMPANY, et al., Defendants. 16 17 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a 18 United States Magistrate Judge pursuant to Local Rule 302(c)(21). 19 On March 29, 2017, the magistrate judge filed findings and recommendations herein, 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. (ECF No. 59.) 22 Plaintiff was granted a 30 day extension of time to file objections. (ECF No. 61.) Neither party 23 has filed objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed March 29, 2017, are adopted in full; and 28 1 Dockets.Justia.com 1 2 2. Defendants’ Motion to Dismiss (ECF No. 52) is granted as to Plaintiff’s breach of fiduciary duty claim only, and otherwise is denied. 3 4 Dated: August 1, 2017 5 6 Troy L. Nunley United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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