Lincoln National Life Insurance Company v. Baker ( 2023 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Lincoln National Life Insurance Company, No. CV-22-01398-PHX-DMF 10 Plaintiff, ORDER 11 v. 12 M Pauline Baker, et al., 13 Defendants. 14 15 This matter was assigned to Magistrate Judge Deborah M. Fine. (Doc. 2). On 16 September 26, 2023, the Magistrate Judge filed a Report and Recommendation with this 17 Court.1 (Doc. 42). To date, no objections have been filed. 18 STANDARD OF REVIEW 19 The Court “may accept, reject, or modify, in whole or in part, the findings or 20 1 This case is assigned to a Magistrate Judge. However, not all parties have consented to the jurisdiction of the Magistrate Judge. Thus, the matter is before this Court pursuant 21 to General Order 21-25, which states in relevant part: 22 When a United States Magistrate Judge to whom a civil action has been assigned pursuant to Local Rule 3.7(a)(1) considers dismissal to be 23 appropriate but lacks the jurisdiction to do so under 28 U.S.C. § 636(c)(1) due to incomplete status of election by the parties to consent or not consent 24 to the full authority of the Magistrate Judge, 25 IT IS ORDERED that the Magistrate Judge will prepare a Report and Recommendation for the Chief United States District Judge or designee. 26 IT IS FURTHER ORDERED designating the following District Court 27 Judges to review and, if deemed suitable, to sign the order of dismissal on my behalf: 28 Phoenix/Prescott: Senior United States District Judge Stephen M. McNamee 1 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v. 2 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service 3 of a copy of the Magistrate’s recommendation within which to file specific written 4 objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a 5 Magistrate Judge’s recommendation relieves the Court of conducting de novo review of 6 the Magistrate Judge’s factual findings and waives all objections to those findings on 7 appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a 8 Magistrate Judge’s conclusion “is a factor to be weighed in considering the propriety of 9 finding waiver of an issue on appeal.” Id. 10 DISCUSSION 11 Having reviewed the Report and Recommendation of the Magistrate Judge, and no 12 Objections having been made by any party thereto, the Court hereby incorporates and 13 adopts the Magistrate Judge’s Report and Recommendation. 14 CONCLUSION 15 Accordingly, for the reasons set forth, 16 IT IS ORDERED adopting the Report and Recommendation of the Magistrate 17 Judge. (Doc. 42). 18 IT IS FURTHER ORDERED that Defendant CCI’s motion for default judgment 19 (Doc. 41) be granted. 20 IT IS FURTHER ORDERED that final judgment in this matter be entered as 21 follows: 22 1. Awarding Defendant Care Coordinators, Inc., as special administrator and 23 personal representative of the Estate of Dwight D. Hearn (“Defendant CCI”), 24 the proceeds of the annuity contract bearing the contract number 95-5658985 25 issued by Plaintiff The Lincoln National Life Insurance Company to Mr. 26 Hearn on March 26, 1992, in the amount of $283,915.21 (minus applicable 27 fees and costs, if any) plus any accrued interest; 28 2. Directing the Clerk of Court to pay from the Registry Account to 1 DefendantCare Coordinators, Inc., as Special Administrator of the Estate of 2 Dwight D. Hearn (“Defendant CCI’) the amount of $283,915.21 plus any 3 accrued interest (minus applicable fees and costs, if any); 4 3. Dismissing Plaintiff from this action and discharging Plaintiff from further 5 proceedings and from any and all liability to any person with respect to the 6 Contract, policy number 95-5658985; and 7 4. Enjoining the Defendants from any action against Plaintiff in regards the 8 annuity contract or its proceeds. 9 Dated this 17th day of October, 2023. 10 11 12 — Lil nora Hdhorable Stephen M. McNamee 13 Senior United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-