Kollman v. National Union Fire Insurance Co. of Pittsburgh

Full title: DARYL J. KOLLMAN, Plaintiff, v. NATIONAL UNION FIRE INSURANCE CO. OF…

Court: United States District Court, D. Oregon

Date published: Mar 15, 2007

Civ. No. 04-3106-CO (D. Or. Mar. 15, 2007)

Opinion

Civ. No. 04-3106-CO.

March 15, 2007

ORDER

OWEN PANNER, District Judge

Magistrate Judge John P. Cooney has filed a Findings and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). When either party objects to any portion of a Magistrate Judge's Findings and Recommendation, the district court makes a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F. 2d 1309, 1313 (9th Cir. 1981).

Here, defendant National Union Fire Insurance Co. of Pittsburgh objects to the Findings and Recommendation. I have, therefore, given this matter de novo review. I adopt the Findings and Recommendation.

CONCLUSION

Magistrate Judge Cooney's Findings and Recommendation (#144) is adopted. Defendant's motion for summary judgment (#78) is denied, and plaintiff's motion for partial summary judgment (#89) as to defendant's affirmative defenses is granted except as to affirmative defense no. 10.

IT IS SO ORDERED.