Merideth et al v. Burlington Northern and Santa Fe Railway Company et al, No. 1:2008cv00030 - Document 141 (D. Mont. 2010)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS of Magistrate Ostby, Motions terminated: Doc.93. Signed by Judge Richard F. Cebull on 2/3/2010. (CAA, )

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Merideth et al v. Burlington Northern and Santa Fe Railway Company et al Doc. 141 FILED 1\', BIUlfi::?S IN THE UNITED STATES DISTRICT COURT 20W FEB 3 Prl 3 13 FOR THE DISTRICT OF MONTANA BY _ _ _ BILLINGS DIVISION ---. DEPUTY CLERK DAVB BURLEY and JEANNIE BURLEY, Plaintiffs, CV­07­147­BLG­RFC­CSO vs. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, a foreign corporation, f/kla BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, Defendants. DIANA AND KENNETH MERIDETH, CV­08­30­BLG­RFC­CSO Plaintiffs, vs. BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, a foreign corporation, f/kla BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, Defendants. 1 Dockets.Justia.com CV 07 ­148­BLG­RFC­CSO ­ DANA NELSON, Plaintiff, vs. BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, a foreign corporation, f/k/a BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, Defendants. U.S. Magistrate Judge Carolyn Ostby has entered findings and recommendations on BNSF's motions for partial dismissal under Rules l2(b)(1) and l2(h)(3) in three cases captioned above. Magistrate Judge Ostby concluded that this case is controlled by the Montana Supreme Court's holding in Sunburst School Dist. No.2 v. Texaco, Inc., 165 P.3d 1079, 1092 (Mont. 2007) that nothing in CECRA preempts a common law claim for restoration damages and therefore recommends that BNSF's motions be denied. Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.C. § 636(b)(1). In this matter, no party filed objections to the December 18, 2009 Findings and Recommendation. 2 Failure to object to a magistrate judge's findings and recommendation waives all objections to the findings of fact. Turner v. Duncan, 158 F.3d 449,455 (9th Cir. 1999). However, failure to object does not relieve this Court of its burden to review de novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989). After a thorough review of the record and applicable law, this Court finds Magistrate Judge Ostby's Findings and Recommendations are well grounded in law and fact and adopts them in their entirety. Accordingly, IT IS HEREBY ORDERED that the following motions are DENIED: Doc. 118 in CV 07­l47­BLG­RFC­CSO; Doc. 90 in CV 07­148­BLGRFC­CSO; and Doc. 93 in CV 08­30­BLG­RFC­CSO. The Clerk DATED the notify the parties ofthe entry of this Order. ·/ of February 201 . Ii··· / / : '// RICHARD F. CEBULL UNITED STATES DISTRICT JU 3

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