# Brown

> District Court, E.D. North Carolina · September 11, 2026

URL: https://www.frixlaw.com/law-library/cases/11440122

## Case

- **Full name:** Ariana Brown v. Trisura Specialty Insurance Company
- **Court:** District Court, E.D. North Carolina
- **Decided:** September 11, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11440122

## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Case No. 7:25-CV-01431-M-KS
ARIANA BROWN, )
)
Plaintiff, )
)
)
) ORDER
TRISURA SPECIALTY INSURANCE )
COMPANY, )
)
Defendant. )

This matter comes before the court on the Defendant’s Motion to Dismiss Plaintiff's third
and fourth causes of action in the Complaint. DE 13. Pursuant to 28 U.S.C. § 636(b)(1) and
Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Kimberly A. Swank entered
a memorandum and recommendation (“M&R”), recommending that the court deny the motion to
dismiss without prejudice. DE 38. To date, no objections have been filed. !
A magistrate judge’s recommendation carries no presumptive weight. The court “may
accept, reject, or modify, in whole or in part, the ... recommendation] ]... receive further evidence
or recommit the matter to the magistrate judge with instructions.” 28 U.S.C. § 636(b)(1); accord
Mathews v. Weber, 423 U.S. 261, 271 (1976). The court “shall make a de novo determination of
those portions of the report or specified proposed findings or recommendations to which objection
is made.” Jd. § 636(b)(1). Absent a specific and timely objection, the court reviews only for “clear
error” and need not give any explanation for adopting the recommendation. Diamond v. Colonial

' Judge Swank issued the M&R on August 17, 2026. Objections were due to be filed on or before
August 31, 2026. See DE 36. The motion and M&R were submitted to this court for disposition
on September 4, 2026.

Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).
Upon careful review of the M&R and the record presented, and finding no clear error, the
court ADOPTS the recommendation of the magistrate judge as its own. For the reasons stated
therein, Defendant’s motion for partial dismissal [DE #13] is DENIED.

SO ORDERED this_/O _ day of September, 2026.

Sah 2 WV) gers
RICHARD E. MYERS II
CHIEF UNITED STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11440122. Public record. Not legal advice.