Caravetta v. Geico General Insurance Company ( 2019 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Sylvia Caravetta, ) No. CV 18-0456-TUC-JAS (BGM) ) 10 Plaintiff, ) ORDER ) 11 vs. ) ) 12 ) GEICO, ) 13 ) Defendant. ) 14 ) ) 15 16 Pending before the Court is a Report and Recommendation issued by Magistrate Judge 17 Macdonald. As the Court finds that the Report and Recommendation appropriately resolved 18 the pending motions at issue, the objections are denied.1 19 Accordingly, IT IS HEREBY ORDERED as follows: 20 (1) Magistrate Judge Macdonald’s Report and Recommendation (Doc. 30) is accepted and 21 adopted in its entirety. 22 (2) GRANTING in part and DENYING in part Defendant’s Motion to Dismiss 23 Plaintiff’s Complaint (Doc. 16); 24 (3) DENYING Defendant’s Motion for Summary Disposition (Doc. 17); 25 26 1The Court reviews de novo the objected-to portions of the Report and Recommendation. 27 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Court reviews for clear error the unobjected-to portions of the Report and Recommendation. See Johnson v. Zema Systems Corp., 170 F.3d 734, 28 1 || (4) DENYING Defendant’s Motion to Strike Plaintiff's Response to Defendant’s 2 || Reply in Support of its Motion to Dismiss (Doc. 28); 3 | (5) DISMISSING Plaintiff's Complaint (Doc. 1) WITH LEAVE TO AMEND within 30 4 || days of the filing date of this Order. 5 || (6) REFERRING this case back to Magistrate Judge Macdonald for further proceedings. 7 DATED this 23” day of September, 2019. 9 10 ee c. ks os 11 James A. 50 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-