Western Security Bank v. Schneider Limited Partnership et al, No. 1:2015cv00010 - Document 91 (D. Mont. 2016)
Court Description: OPINION AND ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. DENYING 61 Motion to Stay Signed by Judge Susan P. Watters on 1/5/2016. (AMC, )
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Western Security Bank v. Schneider Limited Partnership et al Doc. 91 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION WESTERN SECURITY BANK, A Division of Glacier Bank, CV 15-10-BLG-SPW-CSO Plaintiff, OPINION and ORDER vs. SCHNEIDER LIMITED PARTNERSHIP; JAY WINZENREID, M.D.; STEPHEN EMERY; and BIG HORN BASIN BONE AND JOINT, LLC, Defendants. Before the Court are United States Magistrate Judge Carolyn Ostby's Findings and Recommendations filed on December 21, 2015. In the Findings and Recommendations, Judge Ostby recommends that this Court deny the Defendants' Motion to Stay Action Pending Appeal. Pursuant to 28 U.S.C. § 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 reviews Judge Ostby's conclusions for clear error. Clear error exists ifthe 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. 86) are ADOPTED IN FULL. 2. The Motion to Stay Action Pending Appeal (Doc. 61) is DENIED . DATED thi' 0 .--'i"---offamwry, 2016";/ d•y s_~?-r?-~ l?i~h-U"'_,, SUSANP. WATTERS United States District Judge 2
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