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Navigators Insurance Co. v. K & O Contracting LLC

United States District Court, Ninth Circuit

December 4, 2013

NAVIGATORS INSURANCE COMPANY, a foreign corporation, Plaintiff,
v.
K & O CONTRACTING LLC, an Oregon limited liability company, Defendant.

OPINION AND ORDER

MICHAEL W. MOSMAN, District Judge.

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 ...


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