(PS) Malik v. Nationwide Mutual Ins. Co.

Opinion

MUHAMMAD YOUNAS MALIK, et al., Case No. 2:24-cv-01093-JAM-JDP (PS) Plaintiffs, v. ORDER COMPANY, et al., Defendants.

On February 4, 2025, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. No objections were filed. The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The proposed Findings and Recommendations filed February 5, 2025, are ADOPTED; 2. Defendants’ motion to compel arbitration, ECF No. 11, is GRANTED, and plaintiff Malik is compelled to arbitrate his claims; 3. Defendants’ motion to stay, ECF No. 14, is GRANTED, and this case is STAYED pending arbitration of Malik’s claims; 4. Defendants’ motion for a show cause order, ECF No. 13, is DENIED without prejudice; and 5. This matter is REFERRED BACK to the assigned magistrate judge for all further pretrial matters. Dated: February 26, 2025 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ SENIOR UNITED STATES DISTRICT JUDGE