United States District Court, D. Oregon, Medford Division
February 12, 2014
MICHAEL WALTER SMITH, et al., Plaintiffs,
MUTUAL OF ENUMCLAW INSURANCE Co., Defendant.
OWEN M. PANNER, District Judge.
Magistrate Judge Mark D. Clarke filed a Report and Recommendation (R&R), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Lorin Corp. v Goto & Co., Ltd. , 700 F.2d 1202, 1206 (8th Cir. 1983).
I agree with the R&R that plaintiffs cannot bring an action against defendant until they submit to examinations under oath as required by defendant's insurance policy. See Gerke v. Travelers Cas. Ins. Co. of Am. , 815 F.Supp.2d 1190, 1202 (D. Or. 2011).
Magistrate Judge Clarke's Report and Recommendation (#19) is adopted. Defendant's motion for summary judgment (#9) is granted.
IT IS SO ORDERED.