Cummings v. Bank of America, Home Loans et al, No. 1:2016cv00022 - Document 54 (D. Mont. 2016)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. DENYING 33 Motion to Strike. Signed by Judge Susan P. Watters on 10/25/2016. (AMC, )
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Cummings v. Bank of America, Home Loans et al Doc. 54 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONT ANA BILLINGS DIVISION MICHELLE A. CUMMINGS, CV 16-22-BLG-SPW-CSO Plaintiff, ORDER vs. BANK OF AMERICA, HOME LOANS, SAFEGUARD PROPERTIES, LLC, an Ohio Limited Liability Company, WIND & WATER, L.L.C., a Montana Limited Liability Company, DAYID H. COUCH, an Individual, and JOHN DOES A-Z, Defendants. Before the Court are United States Magistrate Judge Carolyn Ostby's Findings and Recommendations filed on September 15, 2016. (Doc. 51 ). Judge Ostby recommends that this Court deny Defendant Bank of America's Motion to Strike the class allegations. (Doc. 33). 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 reviews Judge Ostby's Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 1 Dockets.Justia.com ~----------------------------------------- (9th Cir. 1981 ). 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 reviewing the Findings and Recommendations, this Court does not find that Judge Ostby committed clear error. IT IS ORDERED that the proposed Findings and Recommendations for disposition of this matter entered by United States Magistrate Judge Ostby (Doc. 26) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendant Bank of America's Motion to Strike the class allegations (Doc. 33) is DENIED. DATED this Js7diy of October, 2016. A?CVv'-- eJ~~ /SUSAN P. WATTERS United States District Judge 2 --
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