Bagley v. United States, No. 1:2021cv00112 - Document 45 (D. Mont. 2024)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IT IS SO ORDERED that Judge Cavan's Findings and Recommendations (Doc. 40) are ADOPTED in full as to recommendation to deny summary judgment as to the contractor exception, the discretionary function exception, and the negligence claim. His Findings and Recommendations are REJECTED only as to his reasoning on the applicability of the discretionary function exception. IT IS FURTHER ORDERED that Defendant the United States' Motion for Summary Judgment (Doc. 26) is DENIED.. Signed by Judge Susan P. Watters on 3/26/2024. (EMH)

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Bagley v. United States Doc. 45 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION KIMMIE S. BAGLEY, CV 21-112-BLG-SPW Plaintiff, ORDER vs. UNITED STATES, Defendant. United States Magistrate Judge Timothy Cavan filed Findings and Recommendations in this matter on February 9, 2024. (Doc. 40). Judge Cavan recommended the Court deny Defendant the United States' Motion for Summary Judgment(Doc. 26). (Doc. 40). The United States timely objected the Findings and Recommendations(Doc. 41), and Plaintiff Kimmie S. Bagley timely filed a response(Doc. 44). After a careful review ofthe United States' objections,the Court adopts Judge Cavan's Findings and Recommendations as to his recommendation to deny summary judgment on the three bases asserted by the United States and rejects his reasoning on the discretionary fimction exception. // // Dockets.Justia.com

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