Davis v. Progressive Universal Insurance Company

District Court, D. Oregon

Davis v. Progressive Universal Insurance Company

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

THERELL DAVIS, No. 3:20-cv-00947-JR

Plaintiff, ORDER

v.

PROGRESSIVE UNIVERSAL INSURANCE COMPANY, PROGRESSIVE CASUALTY INSURANCE COMPANY, PROGRESSIVE INSURANCE COMPANY, and PROGRESSIVE INSURANCE CORPORATION, INC.,

Defendants.

HERNÁNDEZ, District Judge: Magistrate Judge Jolie Russo issued a Findings and Recommendation on October 13, 2020, in which she recommends that this Court grant in party and deny in part Defendant’s Motion to Dismiss. F&R, ECF 21. The matter is now before the Court pursuant to

28 U.S.C. § 636

(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Defendant filed timely objections to the Magistrate Judge’s Findings & Recommendation. Defs. Obj., ECF 30. When any party objects to any portion of the Magistrate Judge’s Findings & Recommendation, the district court must make a de novo determination of

that portion of the Magistrate Judge’s report.

28 U.S.C. § 636

(b)(1); Dawson v. Marshall,

561 F.3d 930, 932

(9th Cir. 2009); United States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003) (en banc). The Court has carefully considered Defendants’ objections and concludes that there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Russo’s Findings and Recommendation [21].

Therefore, Defendants’ Motion to Dismiss [12] is granted in part and denied in part. IT IS SO ORDERED.

DATED: ____M__a_r_c_h_ 9_,_ 2__0_2_1_______.

___________________________ MARCO A. HERNÁNDEZ United States District Judge

Reference

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