Marchinek v. Safeco Insurance Company of America, No. 1:2017cv00070 - Document 33 (D. Mont. 2018)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that the proposed 32 FINDINGS AND RECOMMENDATIONS entered by United States Magistrate Judge Cavan are ADOPTED IN FULL. IT IS FURTHER ORDERED that Safeco's motion for summary judgm ent 19 is granted with respect to count 1 of the complaint (Doc. 15). Count 1 is dismissed without prejudice. IT IS FURTHER ORDERED that Safeco's motion for summary judgment 19 is denied with respect to count 2 of the complaint (Doc. 15). IT IS FURTHER ORDERED that the case is stayed pending resolution of the appraisal process. Signed by Judge Susan P. Watters on 2/16/2018. (EMH)
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Marchinek v. Safeco Insurance Company of America Doc. 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FEB 1 6 2018 Clerk, U S District Court Districi Ot Montana Biiiings MARILYN MARCHINEK, CV 17-70-BLG-SPW Plaintiff, ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS vs. SAFECO INSURANCE COMPANY OF AMERICA, Defendant. Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on January 26, 2018. (Doc. 32). Judge Cavan recommends that this Court grant in part and deny in part Safeco' s motion for summary judgment. (Doc. 19). Pursuant to 28 U.S.C. ยง 636(b)(l), the parties were required to file written objections within 14 days of the filing of Judge Cavan's Findings and Recommendations. No objections were filed. When neither party objects, this Court reviews Judge Cavan's Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981 ). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 1 Dockets.Justia.com 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this Court does not find that Judge Cavan committed clear error. IT IS ORDERED that the proposed Findings and Recommendations entered by United States Magistrate Judge Cavan (Doc. 32) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Safeco's motion for summary judgment (Doc. 19) is granted with respect to count 1 of the complaint (Doc. 15). Count 1 is dismissed without prejudice. IT IS FURTHER ORDERED that Safeco's motion for summary judgment (Doc. 19) is denied with respect to count 2 of the complaint (Doc. 15). IT IS FUTHER ORDERED that the case is stayed pending resolution of the appraisal process. DATED this /~ day of February, 2018. ~r7-J~ SUSANP. WATTERS United States District Judge 2
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