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MARYLAND CASUALTY COMPANY v. ANGELO'S PIZZA AND GYROS LLC, CV-14-02308-TUC-RM (BGM). (2016)

Court: District Court, D. Arizona Number: infdco20160105618 Visitors: 7
Filed: Jan. 04, 2016
Latest Update: Jan. 04, 2016
Summary: ORDER ROSEMARY MARQUEZ , District Judge . Pending before the Court is Plaintiff Maryland Casualty Company's Motion for Summary Judgment (Doc. 33). On October 2, 2015, Magistrate Judge Bruce G. Macdonald issued a Report and Recommendation (Doc. 45) recommending that this Court grant Plaintiff's Motion for Summary Judgment. No objections to the Report and Recommendation were filed. A district judge must "make a de novo determination of those portions" of a magistrate judge's "report or speci
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ORDER

Pending before the Court is Plaintiff Maryland Casualty Company's Motion for Summary Judgment (Doc. 33). On October 2, 2015, Magistrate Judge Bruce G. Macdonald issued a Report and Recommendation (Doc. 45) recommending that this Court grant Plaintiff's Motion for Summary Judgment. No objections to the Report and Recommendation were filed.

A district judge must "make a de novo determination of those portions" of a magistrate judge's "report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C). The advisory committee notes to Rule 72(b) of the Federal Rules of Civil Procedure state that, "[w]hen 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 a magistrate judge. See also Prior v. Ryan, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for clear error unobjected-to portions of Report and Recommendation); Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999) ("If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error.").

The Court has reviewed Judge Macdonald's Report and Recommendation, the parties' briefs, and the record. The Court finds no error in Judge Macdonald's Report and Recommendation. Accordingly,

IT IS ORDERED that the Report and Recommendation (Doc. 45) is accepted and adopted.

IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment (Doc. 33) is granted. The insurance policy at issue does not provide coverage for the claims made in the underlying lawsuit, Pima County Superior Court case number C-2013-3966, and Plaintiff Maryland Casualty Company is not obligated to defend or indemnify Defendants Angelo's Pizza and Gyros, LLC; Christian Scott Burton; Danny Walsh; and Danny Walsh Enterprises, LLC in relation to that underlying lawsuit.

Source:  Leagle

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