Royal Indemnity Co. v. Colmore

• Court: District Court, D. Montana
• Decided: August 17, 2006
• Docket: 1:05-cv-00122
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION ROYAL INDEMNITY COMPANY, as ) successor in interest to ROYAL ) INSURANCE COMPANY OF AMERICA, a ) Cause No. CV 05-122-BLG-RWA Delaware Corporation, ) ) ORDER ADOPTING Plaintiff, ) FINDINGS AND ) RECOMMENDATION OF v. ) U.S. MAGISTRATE JUDGE RUPERT M. COLMORE, III, a/k/a ) RUPERT M. COLMORE, a/k/a RUPERT ) COLMORE; EUNICE R. COLMORE; ) COLMORE MANAGEMENT COMPANY, LLC; ) COLMORE PROPERTIES, LP, a/k/a ) COLMORE PROPERTY LIMITED ) PARTNERSHIP; JACQUELINE RENEE ) FORGEY, individually and as personal ) representative of Douglas Forgey and as natural ) guardian for Amanda N. Forgey and ) Aryn P. Forgey, and MONTANA ) UNINSURED EMPLOYER’S FUND, ) ) Defendants, ) ) RUPERT M. COLMORE, III, a/k/a ) RUPERT M. COLMORE, a/k/a RUPERT ) COLMORE, EUNICE R. COLMORE; ) COLMORE MANAGEMENT COMPANY, LLC; ) and COLMORE PROPERTIES, LP, a/k/a ) COLMORE PROPERTY LIMITED ) PARTNERSHIP, ) ) Third-Party Plaintiffs, ) ) v. ) CRICHTON, PERRY, BRANDON, ) JACKSON & WARD, INC., a/k/a THE ) CRICHTON-PERRY-BRANDON COMPANY, ) INC., a Tennessee Corporation, ) ) Third-Party Defendants. ) __________________________________________) On July 14, 2006, United States Magistrate Judge Richard W. Anderson entered his Findings and Recommendation. Magistrate Judge Anderson recommends that State Farm’s motion to dismiss be granted and that the fourth cause of action in Royal’s third-party complaint be dismissed.

Upon service of a magistrate judge’s findings and recommendation, a party has 10 days to file written objections. 28 U.S.C. § 636(b)(1). In this matter, no party filed objections to the July 14, 2006 Findings and Recommendation. Failure to object to a magistrate judge’s findings and recommendation waives all objections to the findings of fact. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1999). However, failure to object does not relieve this Court of its burden to review de novo the magistrate judge’s conclusions of law. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989).

After an extensive review of the record and applicable law, this Court finds Magistrate Judge Anderson’s Findings and Recommendation are well grounded in law and fact and adopts them in their entirety. Accordingly, IT IS HEREBY ORDERED that State Farm’s motion to dismiss [doc. #21] is GRANTED and the fourth cause of action in Royal’s third-party complaint is dismissed. The Clerk of Court shall notify the parties of the making of this Order. DATED the 17th day of August, 2006.

__/s/ Richard F. Cebull______________ RICHARD F. CEBULL UNITED STATES DISTRICT JUDGE cc. Johathan Decker Laurence McHaffey William Mattix Martha Sheehy Robert Carlson