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Byers v. USAA Cas. Ins. Co.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Nov 16, 2012
3:12-CV-01125-PK (D. Or. Nov. 16, 2012)

Opinion

3:12-CV-01125-PK

11-16-2012

RANDI BYERS, REBECCA FARRIS individually, and as representatives of a class of similarly situated persons, Plaintiffs, v. USAA CASUALTY INSURANCE COMPANY, a foreign insurance company doing business in the State of Oregon; UNITED SERVICES AUTOMOBILE ASSOCIATION, a foreign intra-insurance company doing business in the State of Oregon; USAA GENERAL INDEMNITY COMPANY, a foreign insurance company doing business in the State of Oregon; USAA COUNTY MUTUAL INSURANCE COMPANY, a foreign insurance company doing business in the State of Oregon; GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, a foreign insurance company doing business in the State of Oregon; and JOHN DOES I-XX, Defendants.

THANE TIENSON Landye Bennett Blumstein, LLP Attorneys for Plaintiffs APHRODITE KOKOLIS DAVID C. SCOTT JAY WILLIAMS MARCI A. EISENSTEIN Schiff Hardin LLP MATTHEW C. CASEY STUART DUNCAN JONES Bullivant Houser Bailey, PC Attorneys for Defendants


ORDER

THANE TIENSON
Landye Bennett Blumstein, LLP

Attorneys for Plaintiffs APHRODITE KOKOLIS
DAVID C. SCOTT
JAY WILLIAMS
MARCI A. EISENSTEIN
Schiff Hardin LLP
MATTHEW C. CASEY
STUART DUNCAN JONES
Bullivant Houser Bailey, PC

Attorneys for Defendants

BROWN, Judge.

Magistrate Judge Paul Papak issued a Findings and Recommendation (#39) on September 28, 2012, in which he recommends the Court GRANT Plaintiffs' Motion (#22) for Voluntary Dismissal without prejudice, DENY as moot Defendants' Motion (#17) to Dismiss, DENY as moot Motions (#30, #31, #32) for Leave to Appear Pro Hac Vice, and DISMISS this case without prejudice.

This matter is before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

STANDARDS

Because no objection to the Magistrate Judge's Findings and Recommendations (#39) was timely filed by any party, this Court is relieved of its obligation to review the record de novo. See 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). The Court has reviewed the legal principles de novo and does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#39) and, accordingly, GRANTS Plaintiffs' Motion (#22) for Voluntary Dismissal without prejudice, DENIES as moot Defendants' Motion (#17) to Dismiss, DENIES as moot Plaintiffs' Motions (#30, #31, and #32) for Leave to Appear Pro Hac Vice, and DISMISSES this matter without prejudice.

IT IS SO ORDERED.

____________________

ANNA J. BROWN

United States District Judge


Summaries of

Byers v. USAA Cas. Ins. Co.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Nov 16, 2012
3:12-CV-01125-PK (D. Or. Nov. 16, 2012)
Case details for

Byers v. USAA Cas. Ins. Co.

Case Details

Full title:RANDI BYERS, REBECCA FARRIS individually, and as representatives of a…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Nov 16, 2012

Citations

3:12-CV-01125-PK (D. Or. Nov. 16, 2012)