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Nazario v. Nationwide Mutual Insurance Co.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


June 7, 2010

MARIA NAZARIO, PLAINTIFF
v.
NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 7th day of June, 2010, upon consideration of the report (Doc. 40) of the magistrate judge, recommending that the motion (Doc. 25) for summary judgment, filed by defendant Nationwide Mutual Insurance Company ("Nationwide"), be granted in part and denied in part, and, following an independent review of the record, it appearing that there is a genuine dispute of material fact with respect to the claim of insurance bad faith, (see Doc. 40 at 13-19), and that neither party has objected to the magistrate judge's report and recommendation, and that there is no clear error on the face of the record,*fn1 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 40) is ADOPTED.

2. The motion (Doc. 25) for summary judgment is GRANTED in part and DENIED in part as follows:

a. The motion is GRANTED with respect to Nazario's claim for breach of contract.

b. The motion is DENIED in all other respects.

3. The Clerk of Court is instructed to defer entry of judgment until the conclusion of this case.

CHRISTOPHER C. CONNER United States District Judge


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