Hood Custom Homes, LLC v. Illinois National Insurance Company

Justia Dockets & Filings Ninth Circuit Oregon District Court Hood Custom Homes, LLC v. Illinois National Insurance Company

Hood Custom Homes, LLC v. Illinois National Insurance Company

Plaintiff:	Hood Custom Homes, LLC
Defendant:	Illinois National Insurance Company
Case Number:	3:2008cv01506
Filed:	December 29, 2008
Court:	US District Court for the District of Oregon
Office:	Insurance Office
County:	Multnomah
Presiding Judge:	John Jelderks
Nature of Suit:	Defendant
Cause of Action:	Diversity
Jury Demanded By:	28:1441 Petition for Removal- Insurance Contract

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Date Filed	Document Text
May 26, 2009	Filing 23 ORDER: The Honorable John Jelderks, United States Magistrate Judge, filed an Opinion and Order on April 15,2009. Plaintiff filed timely objections to the Opinion and Order. When either party objects to any portion of a magistrate's ruling concerning a dispositive motion or prisoner petition, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); McDonnell Douglas Corp. v . Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). The court will adopt the rulings from several other circuits that a motion to remand is a dispositive motion. William v. Beemil ler, 527 F. 3rd 259, 265 (2d Cir. 2008) (collecting cases from Third, Sixth, and Tenth Circuits). This court has, therefore, given de novo review of the rulings of Magistrate Judge Jelderks. This court ADOPTS the Opinion and Order o f Magistrate Judge Jelderks dated April 15, 2009 in its entirety. I also disavow the dicta in my previous Opinion in Employers-Shopmens Local 516 Pension Trust v. Travelers Casualty and Surety Company of America, 2005 WL 1653629 (D. Or. July 6 , 2005), after considering the reasoning in more recent cases. IT IS HEREBY ORDERED that Defendant's Motion for Leave to File an Amended Notice of Removal is granted. Plaintiffs Motion to Remand (# 4 ) is denied. Signed on May 26th, 2009 by Judge Garr M. King. (eo)
April 15, 2009	Filing 14 OPINION & ORDER: Defendant's motion for leave to file an amended notice of removal, set out in the body of defendant's memorandum in opposition to the motion to remand (# 8 ), is GRANTED. Plaintiff's motion to remand (# 4 ) is DENIED. Signed on April 14, 2009 by Magistrate Judge John Jelderks. (eo)

Date Filed

Document Text

May 26, 2009

Filing 23 ORDER: The Honorable John Jelderks, United States Magistrate Judge, filed an Opinion and Order on April 15,2009. Plaintiff filed timely objections to the Opinion and Order. When either party objects to any portion of a magistrate's ruling concerning a dispositive motion or prisoner petition, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); McDonnell Douglas Corp. v . Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). The court will adopt the rulings from several other circuits that a motion to remand is a dispositive motion. William v. Beemil ler, 527 F. 3rd 259, 265 (2d Cir. 2008) (collecting cases from Third, Sixth, and Tenth Circuits). This court has, therefore, given de novo review of the rulings of Magistrate Judge Jelderks. This court ADOPTS the Opinion and Order o f Magistrate Judge Jelderks dated April 15, 2009 in its entirety. I also disavow the dicta in my previous Opinion in Employers-Shopmens Local 516 Pension Trust v. Travelers Casualty and Surety Company of America, 2005 WL 1653629 (D. Or. July 6 , 2005), after considering the reasoning in more recent cases. IT IS HEREBY ORDERED that Defendant's Motion for Leave to File an Amended Notice of Removal is granted. Plaintiffs Motion to Remand (# 4 ) is denied. Signed on May 26th, 2009 by Judge Garr M. King. (eo)

April 15, 2009

Filing 14 OPINION & ORDER: Defendant's motion for leave to file an amended notice of removal, set out in the body of defendant's memorandum in opposition to the motion to remand (# 8 ), is GRANTED. Plaintiff's motion to remand (# 4 ) is DENIED. Signed on April 14, 2009 by Magistrate Judge John Jelderks. (eo)

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Plaintiff: Hood Custom Homes, LLC
Represented By:	Emily S. Miller
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Defendant: Illinois National Insurance Company
Represented By:	Donald J. Verfurth
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