Mertz v. American Family Ins.

Full title: GUNNAR H. MERTZ, Plaintiff, v. AMERICAN FAMILY INSURANCE, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Apr 11, 2012

3:10-CV-00260-AC (D. Or. Apr. 11, 2012)

Opinion

3:10-CV-00260-AC

04-11-2012

GUNNAR H. MERTZ, Plaintiff, v. AMERICAN FAMILY INSURANCE, Defendant.

ANNA J. BROWN

ORDER

BROWN, Judge.

Magistrate Judge John V. Acosta issued Findings and Recommendation (#49) on March 16, 2012, in which he recommends this Court deny Defendant's Motion (#41) to Dismiss Under FRCP 12(b)(1) For Lack Of Jurisdiction. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). See also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#49). Accordingly, the Court DENIES Defendant's Motion (#41) to Dismiss Under FRCP 12(b)(1) For Lack Of Jurisdiction.

IT IS SO ORDERED.

_________________

ANNA J. BROWN

United States District Judge