Laurie v. United of Omaha Life Ins. Co.

Full title: LYNN C. LAURIE, Plaintiff, v. UNITED OF OMAHA LIFE INSURANCE COMPANY…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Mar 13, 2017

3:14-CV-01937-YY (D. Or. Mar. 13, 2017)

Opinion

3:14-CV-01937-YY

03-13-2017

LYNN C. LAURIE, Plaintiff, v. UNITED OF OMAHA LIFE INSURANCE COMPANY, Defendant.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge Youlee Yim You issued Findings and Recommendation (#60) on January 23, 2017, in which she recommends the Court grant Plaintiff's Motion (#34) for Summary Judgment and deny Defendant's Cross-Motion (#36) for Summary Judgment. Defendant filed timely Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1). See also Dawson v. Marshall, 561 F.3d 930, 932 (9^th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003)(en banc).

This Court has carefully considered Defendant's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge You's Findings and Recommendation (#60) and, therefore, GRANTS Plaintiff's Motion (#34) for Summary Judgment and DENIES Defendant's Cross-Motion (#36) for Summary Judgment.

IT IS SO ORDERED.

DATED this 13^th day of March, 2017.

/s/ Anna J. Brown

ANNA J. BROWN

United States District Judge