DeVries v. Pioneer Wireline Services, LLC et al, No. 1:2014cv00123 - Document 11 (D. Mont. 2015)

Court Description: OPINION & ORDER adopting 10 Findings and Recommendations IN FULL. Defendant Pioneer Wireline Services, LLC's Motion to Dismiss 4 is DENIED. Signed by Judge Susan P. Watters on 1/12/2015. (EMH, )

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DeVries v. Pioneer Wireline Services, LLC et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION JAN I 2 ZOl5 Clerk, US D1stnct Court District Of Montana Billings KENTON DeVRIES, CV 14-123-BLG-SPW-CSO Plaintiff, OPINION AND ORDER vs. PIONEER WIRELINE SERVICES, LLC, f/k/a PIONEER LOG-TECH, LLC, a Delaware Limited Liability Company, and JOHN DOES I-V, Defendants. Before the Court are United States Magistrate Judge Carolyn Ostby's Findings and Recommendations filed on December 10, 2014. In the Findings and Recommendations, Judge Ostby recommends that this Court deny Pioneer Wireline Services, LLC's Motion to Dismiss (Doc. 4). Pursuant to 28 U.S.C. ยง 636(b)(l), the parties were required to file written objections within 14 days of the filing of Judge Ostby's Findings and Recommendations. No objections were filed. When neither party objects, this Court must still review Judge Ostby's conclusions for clear error. Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After 1 Dockets.Justia.com reviewing the Findings and Recommendations, this Court does not find that Judge Ostby committed clear error. Accordingly, IT IS HEREBY ORDERED: 1. Judge Ostby's Findings and Recommendations (Doc. 10) are ADOPTED IN FULL. 2. Defendant Pioneer Wireline Services, LLC's Motion to Dismiss (Doc.4) is DENIED. DATED th;, ,u'ty of!onumy 2015.~ _ ~-~~ SUSANP. WATTERS United States District Judge 2

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