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Walker v. Metropolitan Life Insurance Company

United States District Court, D. Oregon
Mar 17, 2008
Civil No. 07-1829-ST (D. Or. Mar. 17, 2008)

Summary

dismissing the plaintiffs' claim for breach of insurance contract on the ground that the plaintiffs cannot establish damages because "during the past 14 years the Policy has benefitted the Walkers by providing them with life insurance coverage carrying a cash value."

Summary of this case from Tibbets v. Athene Annuity & Life Assurance Co. of N.Y.

Opinion

Civil No. 07-1829-ST.

March 17, 2008


ORDER


Magistrate Judge Stewart has issued a Findings and Recommendation [13] in this action. The Magistrate Judge recommended that defendants' Motion to Dismiss [6] be granted with leave to replead the Third Claim alleging fraud. No objections were filed, and the case was referred to me.

The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation of the Magistrate. Campbell v. United States Dist. Ct., 501 F.2d 196 (9th Cir. 1974).

No clear error appears on the face of the record. This court adopts the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Magistrate Judge's Findings and Recommendation [13] is ADOPTED, defendants' Motion to Dismiss [6] is GRANTED with leave to replead the Third Claim alleging fraud.

IT IS SO ORDERED.


Summaries of

Walker v. Metropolitan Life Insurance Company

United States District Court, D. Oregon
Mar 17, 2008
Civil No. 07-1829-ST (D. Or. Mar. 17, 2008)

dismissing the plaintiffs' claim for breach of insurance contract on the ground that the plaintiffs cannot establish damages because "during the past 14 years the Policy has benefitted the Walkers by providing them with life insurance coverage carrying a cash value."

Summary of this case from Tibbets v. Athene Annuity & Life Assurance Co. of N.Y.
Case details for

Walker v. Metropolitan Life Insurance Company

Case Details

Full title:STEPHEN S. WALKER and GLORIA S. WALKER, Plaintiffs, v. METROPOLITAN LIFE…

Court:United States District Court, D. Oregon

Date published: Mar 17, 2008

Citations

Civil No. 07-1829-ST (D. Or. Mar. 17, 2008)

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