Opinion
No. 3:12-cv-02076-HU
12-04-2013
NAVIGATORS INSURANCE COMPANY, a foreign corporation, Plaintiff, v. K & O CONTRACTING LLC, an Oregon limited liability company, Defendant.
OPINION AND ORDER
MOSMAN, J.,
Judge Hubel recommended [44] Plaintiff Navigators Insurance Company's ("Navigators") motion for summary judgment be denied on September 23, 2013. Navigators objected [47], and Defendant K & O Contracting LLC's ("K&O") responded [51].
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those portions of the report or any specified findings or recommendations within it to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am 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 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).
Upon review, I agree with Judge Hubel's recommendation, and I ADOPT the F&R [44] as my own opinion.
IT IS SO ORDERED.
______________________
MICHAEL W. MOSMAN
United States District Judge