From Casetext: Smarter Legal Research

Contractors Bonding & Ins. Co. v. Radian Constr. Corp.

United States District Court, District of Oregon
Dec 15, 2021
3:21-cv-00497-SB (D. Or. Dec. 15, 2021)

Opinion

3:21-cv-00497-SB

12-15-2021

CONTRACTORS BONDING AND INSURANCE COMPANY, Plaintiff, v. RADIAN CONSTRUCTION CORPORATION, et al., Defendants.


OPINION AND ORDER

MICHAEL W. MOSMAN UNITED STATES DISTRICT JUDGE

On November 29, 2021, Magistrate Judge Stacie F. Beckerman issued her Findings and Recommendation (“F&R”) [ECF 27], recommending that I grant Plaintiffs Motion for Default Judgment as to Defendant Radian Construction Corporation [ECF 23]. No objections were filed. Upon review, I agree with Judge Beckerman and GRANT the motion.

DISCUSSION

The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge but retains responsibility for making the final determination. The court is generally required to make a de novo determination regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court is not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether or not objections have been filed, in either case, I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C).

CONCLUSION

Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R [ECF 27]. I GRANT Plaintiffs Motion for Default Judgment [ECF 23] and enter judgment against Defendant Radian Construction Corporation.

IT IS SO ORDERED.


Summaries of

Contractors Bonding & Ins. Co. v. Radian Constr. Corp.

United States District Court, District of Oregon
Dec 15, 2021
3:21-cv-00497-SB (D. Or. Dec. 15, 2021)
Case details for

Contractors Bonding & Ins. Co. v. Radian Constr. Corp.

Case Details

Full title:CONTRACTORS BONDING AND INSURANCE COMPANY, Plaintiff, v. RADIAN…

Court:United States District Court, District of Oregon

Date published: Dec 15, 2021

Citations

3:21-cv-00497-SB (D. Or. Dec. 15, 2021)

Citing Cases

Smith v. Opportunity Fin.

The first factor “considers whether a plaintiff would suffer prejudice if default judgment is not entered,…