Amestoy et al v. Continental Resources, Inc., No. 1:2016cv00113 - Document 11 (D. Mont. 2016)
Court Description: ORDER. Judge Ostby's Findings and Recommendations 10 are ADOPTED IN FULL. This matter is DISMISSED. Signed by Judge Susan P. Watters on 11/30/2016. (EMH, )
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Amestoy et al v. Continental Resources, Inc. Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FILED DEC - 1 Z016 Clerk, U S D1str1ct Court District Of Montana Billings EDWARD A. AMESTOY, TRUSTEE OF THE CHARLES AND ELAINE A. AMESTOY MINERAL TRUST; PAUL A. AMESTOY, TRUSTEE OF THE PAUL AND CORRINE AMESTOY TRUST; RONALD AMESTOY, BRIAN AMESTOY, TRUSTEE OF THE AMESTOY FMAILY TRUST; RITA WICHMAN, TRUSTEE OF THE WICHMAN FAMILY IRREVOCABLE TRUST AND LINDA LOUISE SIMONSON, CV 16-113-BLG-SPW ORDER Plaintiffs, vs. CONTINENTAL RESOURCES, INC., Defendant. Before the Court is United States Magistrate Judge Carolyn Ostby's Findings and Recommendation filed on October 20, 2016. In her Findings and Recommendation, Judge Ostby concludes that the Plaintiff failed to join necessary and indispensable parties and recommends that the action be dismissed. Pursuant to 28 U.S.C. ยง 636(b )(1 ), 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 1 Dockets.Justia.com Court reviews 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 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. This matter is DISMISSED. .. 3. The Clerk of Court shall enter judgment and close this case. DATED this ,j'Q~ of November, 2016) ~~J~ SUSANP. WATTERS United States District Judge 2
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