Torina v. Massachusetts Mutual Life Insurance Company ( 2021 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 James Torina, et al., No. CV-18-03075-PHX-JAS (LCK) 10 Plaintiffs, ORDER 11 v. 12 Massachusetts Mutual Life Insurance Company, et al., 13 Defendants. 14 15 Pending before the Court is a Report and Recommendation (Doc. 100) issued by 16 United States Magistrate Judge Kimmins that recommends denying 17 Plaintiff/Counterclaim-Defendant Torina’s Motion to Dismiss Counterclaim for Unjust 18 Enrichment (Doc. 90). A review of the record reflects that the parties have not filed any 19 objections to the Report and Recommendation and the time to file objections has expired. 20 As such, the Court will not consider any objections or new evidence. 21 The Court has reviewed the record and concludes that Magistrate Judge Kimmins’s 22 recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; 23 Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 24 F. Supp. 2d 1203, 1204 (D. Or. 1998). 25 Accordingly, IT IS HEREBY ORDERED as follows: 26 (1) Magistrate Judge Kimmins’s Report and Recommendation (Doc. 100) is accepted and 27 adopted. 28 (2) Plaintiff/Counterclaim-Defendant Torina’s Motion to Dismiss Counterclaim for Unjust Enrichment (Doc. 90) is DENIED. 2 Dated this 13th day of May, 2021. 3 Tesh. Honorable James A. Soto 6 United States District Judge 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-