Ore. Federal Magistrate Recommends Remand, Cites Parallel Cases, Brillhart

PORTLAND, Ore. - An Oregon federal magistrate judge has recommended the court decline jurisdiction of an insurer's declaratory judgment action while underlying and parallel actions are pending in state court. Powelson v. St. Paul Fire and Marine Insurance Co., No. CV-04-665-ST (D. Ore.)

St. Paul Fire and Marine Insurance Co. has until Aug. 30 to file objections to the Findings and Recommendations entered Aug. 1 by Magistrate Judge Janice M. Stewart of the U.S. District Court for the District of Oregon.

On May 14, St. Paul removed the declaratory judgment action filed by Gordon and Carol Powelson, owners of a …