(PS) Malik v. Nationwide Mutual Ins. Co.
(PS) Malik v. Nationwide Mutual Ins. Co.
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MUHAMMAD YOUNAS MALIK, et al., Case No. 2:24-cv-01093-JAM-JDP (PS) 12 Plaintiffs, 13 v. ORDER 14 NATIONWIDE MUTUAL INSURANCE COMPANY, et al., 15 Defendants. 16
17 18 On February 4, 2025, the magistrate judge filed findings and recommendations herein 19 which were served on the parties and which contained notice that any objections to the findings 20 and recommendations were to be filed within fourteen days. No objections were filed. 21 The court presumes that any findings of fact are correct. See Orand v. United States, 602
22 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 23 See Robbins v. Carey,
481 F.3d 1143, 1147(9th Cir. 2007) (“[D]eterminations of law by the 24 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 25 Having reviewed the file, the court finds the findings and recommendations to be supported by 26 the record and by the proper analysis. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. The proposed Findings and Recommendations filed February 5, 2025, are ADOPTED; 1 2. Defendants’ motion to compel arbitration, ECF No. 11, is GRANTED, and plaintiff 2 Malik is compelled to arbitrate his claims; 3 3. Defendants’ motion to stay, ECF No. 14, is GRANTED, and this case is STAYED 4 pending arbitration of Malik’s claims; 5 4. Defendants’ motion for a show cause order, ECF No. 13, is DENIED without 6 prejudice; and 7 5. This matter is REFERRED BACK to the assigned magistrate judge for all further 8 pretrial matters. 9 Dated: February 26, 2025 /s/ John A. Mendez 10 THE HONORABLE JOHN A. MENDEZ 11 SENIOR UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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